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Deposition basics
You are either preparing to give your deposition or to take one in a federal employment lawsuit. This process can feel intimidating, as you will be questioned under oath with a court reporter present. You may worry about saying the wrong thing or being caught off guard. But there is a real, ordered process designed to gather facts, not to trap you.
The honest reality
Many people mistakenly believe a deposition is a trial or a debate. It is not a place to argue your case or prove your innocence. Your goal is simply to answer questions truthfully and completely, and you have the right to consult with your lawyer before answering.
Sworn testimony, outside the courtroom, that counts
A deposition is testimony given under oath, outside of court, usually with a court reporter present, that can later be used in the case, including at trial, to support your side or to challenge the other side's. Either side can depose the other party, and witnesses too, and the opposing lawyer asking the questions is not there to be your friend, they are testing your account for inconsistencies, which is why depositions are often the most stressful part of a case for the person being questioned, and why real preparation with a lawyer beforehand matters, whether or not you're representing yourself for the rest of the case.
You don't need a lawyer to start
You are allowed to do this yourself, but it is genuinely harder than small claims
Federal litigation is a real step up from small claims or an agency complaint. Read our pro se guide for how self-representation actually works, and if a lawyer's cost is the blocker, our can't-afford-a-lawyer triage covers every free and low-cost path, many employment lawyers also take strong cases on contingency, see why that's realistic. If your case is really about one specific person's conduct, see who you can actually name as a defendant.
Questions
Do I have to answer every question at a deposition?
You must answer truthfully, but you can object to questions that are improper or privileged. Your lawyer will guide you on when to object and when to answer. You do not have to answer questions that would reveal privileged information.
What happens if I don't know the answer to a question?
If you do not know the answer, say you do not know. Do not guess or speculate. It is acceptable to say you cannot recall or that you need to check your records. Being honest about your memory is better than making up an answer.
Can I prepare for my deposition?
Yes, you should prepare with your lawyer. They will review the topics that may come up, your previous statements, and documents you have seen. Preparation helps you feel more confident and ensures you understand the process, but your testimony must still be your own honest recollection.
Not legal advice and not a law firm. We don't predict outcomes, and deadlines, fees, and damages structures vary by claim, by state, and by court, and change over time, never rely on a number from this page, confirm with the court or a lawyer directly. If you can get a lawyer or free legal aid, do: start at lsc.gov.