Answer Only the Question Asked

One of the most important deposition rules is to keep your answers concise and limited to the specific question asked. Do not volunteer additional information unnecessarily.

Do Not Guess or Speculate

If you do not know an answer, it is perfectly acceptable to say “I don’t know” or “I don’t remember.” Never guess simply because you feel pressured to provide an answer.

Pause Before Answering

It is helpful to pause briefly after a question is asked before answering. This gives your attorney an opportunity to object if necessary.

Give Audible Verbal Answers

Because a court reporter is transcribing everything said, gestures such as nodding or shrugging are not sufficient responses. Always answer verbally.

Avoid Talking Over Others

Wait until the attorney finishes the question before answering so the court reporter can create an accurate transcript.

Be Polite & Professional

Defense attorneys often report their impressions of witnesses back to insurance adjusters and clients. Remaining calm, respectful, and professional is important.

Do Not Discuss Conversations With Your Attorney

Communications between you and your attorney are generally protected by attorney-client privilege. Do not disclose legal advice or private conversations with your lawyer.

What a Plaintiff Should Expect During Their Deposition in a Missouri Personal Injury Case

EC Duckworth • May 18, 2026

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. EC has taken witness depositions and produced his client for depositions in dozens of personal injury cases.

Contact Duckworth Injury Law

Duckworth Injury Law Is Here To Help You Understand & Feel Comfortable During the Deposition Process in a Mid-Missouri Personal Injury Case

If you have filed a personal injury lawsuit in Missouri, there is a very good chance that you will eventually be required to give a deposition. For many injured clients, the idea of being questioned under oath by an opposing attorney can sound intimidating. Fortunately, most depositions are much more straightforward and less stressful than clients initially expect.

At Duckworth Injury Law, one of the most common things we hear after a deposition is: “That really was not nearly as bad as I thought it would be.” Understanding what a deposition is, why it matters, and how to prepare can go a long way toward easing anxiety and helping you feel confident going into the process.

What Is a Deposition?

A deposition is part of the discovery process in a lawsuit. Discovery is the formal exchange of information between the parties before trial. During a deposition, an attorney asks questions to a party or witness under oath regarding facts relevant to the case. Depositions typically take place outside of court in a conference room, law office, or sometimes remotely via Zoom.

In Missouri, depositions upon oral examination are governed by Missouri Supreme Court Rule 57.03. Generally speaking, each party is limited to ten depositions without leave of court, and a deposition is typically limited to one seven-hour day unless otherwise ordered or agreed.

Even though a judge is not usually present during the deposition itself, your testimony carries the same importance as testimony given in court because you are sworn under oath. A court reporter records everything said during the deposition and later prepares a written transcript. In some cases, a videographer may also record the deposition on video.

Depositions serve several important purposes in a Missouri personal injury case. First, they allow the defense attorney and insurance company to learn more about you, your injuries, and the facts surrounding the accident. Second, they help both sides evaluate the strengths and weaknesses of the case. Third, deposition testimony can often be used later at trial. Missouri deposition testimony may generally be used for any purpose at trial.

Why Depositions Matter in Personal Injury Cases

Your deposition is one of the most important events in your case prior to trial. In many ways, it is the insurance company’s opportunity to evaluate how you may present to a jury. The defense attorney is not only listening to your answers but is also observing your demeanor, credibility, honesty, and overall likability.

Insurance adjusters often review deposition transcripts and videos when determining settlement authority. A truthful, polite, and credible witness can significantly strengthen a personal injury claim.

That said, you should never feel like you need to “perform” during a deposition. The most important thing is simply to tell the truth and answer questions honestly.

Who Will Be Present During the Deposition?

Most Missouri personal injury depositions involve only a handful of people. Typically, the following individuals will be present:

• The court reporter

• Your attorney

• Opposing counsel

• A videographer

What Topics Will Be Covered During the Deposition?

Although every case is different, most plaintiffs’ depositions in Missouri personal injury cases generally focus on three broad categories: your background, liability issues, and damages.

Your Background
The defense attorney will usually begin with basic background information. You may be asked about your education, employment history, prior injuries, prior lawsuits, and family background.
Liability and the Accident
Next, the attorney will usually move into questions about the accident itself, including where the accident occurred, weather conditions, what you observed before the crash, and what happened afterward.
Your Injuries & Damages
Finally, the deposition will focus heavily on your injuries and damages. The attorney may ask about your medical treatment, pain, limitations, missed work, and how the accident has affected your daily life.

People reviewing documents and writing at a wooden meeting table, with a gavel nearby

How Long Does a Deposition Last?

Most plaintiffs’ depositions in Missouri personal injury cases last somewhere between one and three hours. More complicated cases may take longer. Rule 57.03 limits a deposition to one day of seven hours, although most depositions do not take nearly that long.

Important Ground Rules During a Deposition

Answer Only the Question Asked
One of the most important deposition rules is to keep your answers concise and limited to the specific question asked. Do not volunteer additional information unnecessarily.
Do Not Guess or Speculate
If you do not know an answer, it is perfectly acceptable to say “I don’t know” or “I don’t remember.” Never guess simply because you feel pressured to provide an answer.
Pause Before Answering
It is helpful to pause briefly after a question is asked before answering. This gives your attorney an opportunity to object if necessary.
Give Audible Verbal Answers
Because a court reporter is transcribing everything said, gestures such as nodding or shrugging are not sufficient responses. Always answer verbally.
Avoid Talking Over Others
Wait until the attorney finishes the question before answering so the court reporter can create an accurate transcript.
Be Polite & Professional
Defense attorneys often report their impressions of witnesses back to insurance adjusters and clients. Remaining calm, respectful, and professional is important.
Do Not Discuss Conversations With Your Attorney
Communications between you and your attorney are generally protected by attorney-client privilege. Do not disclose legal advice or private conversations with your lawyer.

How to Prepare for Your Deposition

Most personal injury attorneys will schedule a preparation meeting before the deposition. During this meeting, your attorney will explain procedures, review likely questions, and discuss important facts and medical treatment.

Your attorney may ask you to review documents such as the crash report, medical records, or photographs before the deposition. You should also dress neatly and professionally, arrive 10–15 minutes early, and try to get a good night’s sleep beforehand. Most importantly, remember that a deposition is simply a conversation where you answer questions truthfully about your own life and experiences.

Common Mistakes Plaintiffs Should Avoid

Some of the most common deposition mistakes include guessing instead of admitting uncertainty, volunteering unnecessary information, exaggerating injuries, becoming argumentative, and failing to listen carefully to the question asked. Honesty and credibility are almost always the most important qualities during a deposition.

Duckworth Injury Law Helps Missouri Injury Victims Feel Prepared & Confident Before Their Depositions

For most injured plaintiffs, a deposition is an important but manageable part of the personal injury litigation process. While it is normal to feel nervous beforehand, understanding what to expect can make the experience far less intimidating.

At Duckworth Injury Law, we work closely with our clients to ensure they feel prepared and confident before every deposition. If you have been injured in a Missouri car accident, truck accident, motorcycle crash, or other serious injury incident, contact our office today for a free consultation.