You do not need to sound like a lawyer at your deposition. You need to understand the questions and answer them truthfully from what you know and remember. Preparation helps you do that without guessing, overlooking an important fact, or adopting an inaccurate description of what happened.
A deposition is testimony under oath, even when it takes place in a conference room or over video. Louisiana Code of Civil Procedure article 1437 authorizes oral depositions after an action begins, subject to its rules. The testimony creates a record that may be compared with documents and later testimony or used in court proceedings.
What to discuss with your lawyer beforehand
Review the incident report, photographs, treatment history, work-loss records, discovery answers, and earlier statements with counsel. The purpose is to refresh your memory and identify matters that need explanation. You are not expected to memorize a chart or present an exact date as a personal recollection simply because it appears in a record.
Raise uncomfortable facts before the deposition: an earlier injury, a gap in treatment, a later accident, or a social-media post that may be misunderstood. Your lawyer needs to know about them. Preparation should make your testimony more accurate, not turn it into a rehearsed account.
Also confirm the location or remote arrangements, who will attend, whether video will be used, and any medical or accessibility needs. Ask before bringing notes or using documents to refresh your memory during testimony. Materials you consult may create additional questions about what you reviewed.
Answer the question you were actually asked
Listen through the end of the question. Take a moment to understand it. If it is unclear, ask the lawyer to rephrase it. If it contains several assumptions, do not agree unless all of them are accurate.
Suppose a question begins, “After your pain had completely resolved, you returned to full duty, correct?” If you returned to work while still having symptoms, that wording combines two different facts. Explain the inaccuracy rather than accepting the whole statement because part of it is true.
“I do not know” and “I do not remember” are appropriate when they are true. They mean different things. An estimate is also different from a guess: if you can honestly estimate a distance or time, identify it as an estimate and explain its basis when asked.
Give enough information to answer accurately. A short answer is not useful if it leaves a misleading impression. At the same time, you do not need to fill every silence with a new subject or speculate about someone else’s intentions.
Objections and breaks are part of the process
Article 1443 governs the oath, recording, and objections. Ordinarily, an objection is noted and the testimony continues subject to it. The article limits the grounds for instructing a witness not to answer. Listen to your lawyer’s direction rather than assuming that every objection means you should remain silent.
Speak clearly and avoid talking over the questioner so the record can capture both the question and the answer. If pain, fatigue, or another problem affects your ability to continue accurately, tell counsel. Discuss how breaks will be handled before the deposition starts.
For a remote deposition, arrange a quiet location and follow the agreed procedure for exhibits and breaks. Do not receive answers from another person or privately coordinate testimony while being questioned.
Correct a mistake when you recognize it
If you realize during the deposition that an answer was wrong, say so and explain the correction. Afterward, tell your lawyer about anything else that may need attention while you still remember it.
Article 1445 addresses review, changes, and signing of a transcript, including waiver and a separate provision for video depositions. Changes and the reasons for them become part of the record. Transcript review is not a private opportunity to replace inconvenient testimony with a better story.
Our article on witness testimony in injury cases explains how personal knowledge and corroborating evidence work together. The Louisiana injury claim guide explains where depositions fit in a lawsuit.
If you need representation for a claim, contact our Louisiana personal injury team or call (225) 500-5000. Our Louisiana practice includes helping clients understand and prepare for the testimony their case requires.
Editorial & Legal Accuracy Notice (Louisiana)
This article provides general Louisiana legal information, not advice about an individual case. Event dates, policy language, responsible parties, and the evidence may change the analysis.