Understanding Depositions in New York: What Injured Consumers Need to Know
If you’ve been injured in an accident or experienced discrimination at work in New York and are thinking about filing a lawsuit, chances are you’ll come across the word “deposition.” It’s a key part of the legal process—but what exactly does it mean, and what should you expect?
This article breaks it down in plain English, so you feel informed and empowered as you move forward with your case.
What Is a Deposition (and What It Isn’t)?
In New York civil cases—like car accidents, slip-and-falls, or wrongful termination—a deposition is a formal interview where you answer questions under oath. It’s part of the discovery process, the stage in a lawsuit where both sides gather evidence.
⚠️ Important: A deposition is not the same as trial testimony, and it’s not held in a courtroom. There’s usually no judge present. But make no mistake—it is a serious, official part of your case.
Why Are Depositions Important?
Everything you say during a deposition is recorded word-for-word by a court reporter and turned into a transcript. Once you’ve reviewed and signed that transcript, it becomes your official statement in the case.
If you later say something different in court, the opposing attorney can (and will) use your deposition transcript to challenge your credibility.
Who’s in the Room During a Deposition?
In a New York deposition, the following people are usually present:
- You – the person giving the deposition (also known as the deponent)
- Your attorney
- The opposing attorney(s) – representing the person or company you’re suing
- A court reporter – who transcribes everything
- Possibly a representative from the other party – such as a company rep or the person being sued
What Types of Questions Will You Be Asked?
Depositions in New York are very broad in scope. That means the other side can ask about:
- Your background, education, and work history
- Your medical history and current injuries
- Financial losses (like lost wages or medical bills)
- Details about the incident or discrimination
- Anything else that might be relevant—even if it feels unrelated
New York’s civil procedure rules give attorneys wide leeway in what they can ask, so don’t be surprised if some questions seem personal or off-topic.
How Long Does a Deposition Last?
There’s no set time limit. A deposition can last an hour or an entire day, depending on:
- The complexity of your case
- How many attorneys are involved
- How detailed your claims are
- Your own responses (some people are more talkative or nervous)
Some depositions even go into a second day, although that’s less common. Typically, expect to block out at least one full day.
Will I Need to Testify If I File a Lawsuit in NY?
In most New York personal injury or employment discrimination lawsuits, yes—you should expect to give a deposition.
While it’s nothing to panic about, it’s also not something to take lightly. Your attorney should prepare you in advance with practice questions and coaching so you know what to expect.
If the idea of testifying makes you extremely uncomfortable, talk to your lawyer. In some cases, this can affect whether or not a lawsuit is filed, or whether your case might be better resolved through settlement.
Final Thoughts: Depositions Matter
Depositions may feel intimidating, but they’re a normal and important part of pursuing justice in New York. If you’re working with a lawyer, they’ll guide you every step of the way.
Just remember:
- Be honest
- Take your time answering
- Stay calm
- Don’t guess—if you don’t know or don’t remember, say so
Need Help With a New York Injury or Employment Case?
If you’re considering legal action for a personal injury or workplace discrimination matter in New York, our team is here to help. We’ll walk you through your rights, explain the deposition process, and fight for the compensation you deserve.
📞 Contact us today for a free consultation.