For many survivors pursuing justice through a civil lawsuit, the deposition can feel like one of the most intimidating parts of the legal process. Understandably so—being asked detailed questions about traumatic events in a formal legal setting can be emotionally challenging.
At The Zalkin Law Firm, LLP, we believe that preparation and knowledge are empowering. Understanding what a deposition is, how it works, and what protections exist can help survivors feel more confident and supported throughout the process.
What Is a Deposition?
A deposition is part of the “discovery” phase of a civil lawsuit. During discovery, both sides gather information and evidence before trial. A deposition involves sworn, out-of-court testimony given under oath.
In a sexual abuse case, the survivor (plaintiff), the accused individual, witnesses, and institutional representatives may all be deposed. The testimony is recorded by a court reporter, and sometimes by video. While it does not take place in a courtroom, it carries the same legal weight as in-court testimony—meaning honesty and accuracy are critical.
Depositions help attorneys:
- Understand each party’s version of events
- Evaluate the strength of claims and defenses
- Preserve testimony for trial
- Clarify facts and timelines
Where and When Does a Deposition Take Place?
Depositions typically take place in a law office or conference room. In some cases, they may be conducted remotely via secure video conferencing.
The session can last several hours or even multiple days, depending on the complexity of the case. Sexual abuse cases often involve detailed questioning about:
- The timeline of events
- Communications between parties
- Reporting history
- Emotional and psychological impact
- Institutional policies or failures
Your attorney will prepare you in advance so there are no surprises about the structure or types of questions you may encounter.
Who Will Be Present?
While depositions are private proceedings, several people are usually present:
- The survivor and their attorney
- The defense attorney(s)
- A court reporter
- Possibly a videographer
- In some cases, representatives of an institution being sued
Judges are not typically present at depositions. However, if disputes arise over questions, attorneys can object, and the issue may later be resolved by the court.
What Kinds of Questions Are Asked?
In sexual abuse cases, defense attorneys may ask detailed questions about:
- The nature of the abuse
- When and where it occurred
- Prior communications with the abuser
- When the abuse was disclosed and to whom
- Medical or counseling treatment
- The impact on your life
These questions can feel invasive. It’s important to remember that they are designed to gather information—not to judge or shame you. Your attorney will be there to object to inappropriate questions and ensure that questioning remains within legal bounds.
In cases involving institutions—such as schools, religious organizations, or youth programs—there may also be depositions of administrators regarding policies, supervision failures, and prior complaints.
How to Prepare for a Deposition
Preparation is key. At The Zalkin Law Firm, LLP, we work closely with clients before their deposition to help them feel ready.
Preparation often includes:
- Reviewing important dates and documents
- Discussing potential difficult questions
- Practicing how to answer clearly and truthfully
- Talking through strategies to manage emotional triggers
It is perfectly acceptable to take breaks if needed. If you become overwhelmed, your attorney can request a pause. Your well-being matters.
Some helpful general tips include:
- Listen carefully to each question before answering
- Answer only what is asked—do not volunteer extra information
- If you do not understand a question, ask for clarification
- If you do not remember something, say so honestly
- Stay calm and composed
Depositions are not tests of memory perfection. Honest answers are always best.
Emotional Considerations
Reliving traumatic experiences can be difficult. It’s common for survivors to experience anxiety before or after a deposition. Support systems—such as therapists, counselors, or trusted loved ones—can play a crucial role during this time.
Your legal team should also approach your case with trauma-informed sensitivity. A compassionate attorney understands that your emotional safety is just as important as your legal claim.
What Happens After the Deposition?
Once the deposition is complete, the court reporter prepares a transcript. Both sides may use the testimony to:
- Support motions
- Evaluate settlement options
- Prepare for trial
In many cases, depositions help clarify strengths and weaknesses, which can lead to meaningful settlement discussions. While not every case resolves before trial, depositions often play a pivotal role in moving a case forward.
You Are Not Alone in This Process
A deposition may feel daunting, but you will not face it alone. With experienced legal guidance, careful preparation, and the right support system, survivors can navigate this step with confidence.
At The Zalkin Law Firm, LLP, we are committed to protecting survivors’ rights at every stage of the legal process. From initial consultation through deposition and beyond, we stand beside our clients with compassion and determination.
If you are considering filing a sexual abuse lawsuit or have questions about what the legal process involves, contact us today for a confidential consultation. Let us help you understand your options and take the next step toward accountability and healing.
