What happens when the other side wants to question you before trial? A deposition is a formal, out-of-court session where a witness or party gives sworn testimony while lawyers ask questions and a court reporter makes a written transcript. It usually happens during discovery, after a lawsuit has been filed and before trial. The person being questioned must answer under oath, much like in court, even though no judge is usually present.

In a personal injury case, a deposition can strongly shape settlement talks and trial strategy. Lawyers use it to pin down facts, test credibility, and learn how a witness will come across if the case reaches a jury. In a concussion or traumatic brain injury claim, for example, questions may cover symptoms, treatment, work limits, memory problems, prior injuries, and daily functioning. Answers can be compared against medical records, accident reports, and later testimony.

In Massachusetts, depositions are governed mainly by Massachusetts Rule of Civil Procedure 30. What is said there can affect how fault is argued under the state's modified comparative negligence rule: if an injured person is found more than 50 percent at fault, recovery is barred under Massachusetts General Laws Chapter 231, Section 85, as amended in 1969. A careless answer in a deposition can therefore damage both liability and damages.