Depósito

A deposition is sworn, out-of-court testimony you give during a personal injury case. It is one of the most important stages in your lawsuit, and it often shapes how the other side values your claim. 

At Lance Bingham, we prepare injured people across Salt Lake City and throughout Utah for exactly this moment. If a deposition is coming up in your case, or you simply want to understand the process before you file, our team can walk you through what to expect and stand beside you when it matters. 

Call Lance Bingham today at 801-477-8219 for a free case evaluation and let us help you feel ready.

What Is a Deposition in a Personal Injury Case?

A deposition is a formal question-and-answer session held under oath before trial. You answer questions from the opposing attorney, and a court reporter records every word. The testimony becomes part of the official record of your case.

Both sides use depositions to gather facts, test your credibility, and lock in your account of what happened. In a Utah injury claim, the questions usually center on the incident, your injuries, and how those injuries have changed your daily life.

Because your answers can be used later, a deposition carries real weight. What you say helps both sides decide whether to settle or head toward trial.

How a Deposition Fits Into the Discovery Process

Before trial, both sides exchange information through a stage called discovery. Depositions are one of the main discovery tools, alongside written questions and requests for documents.

Under the Utah Rules of Civil Procedure, a party may take the testimony of any person by deposition upon oral questions. Depositions typically happen near the end of discovery, once records and reports have been exchanged. By that point, both sides are ready to hear directly from the people involved.

Proteja sus derechos y su futuro

Inicie su caso con nosotros ahora mismo.

Llame hoy mismo al 801-869-6800

Who Is in the Room During a Deposition?

A deposition usually takes place in a conference room or law office, not a courtroom. Knowing who will be present can make the day feel far less intimidating.

Here is who you can expect:

• You, the deponent: As the injured person bringing the claim, you are the primary witness answering questions about the incident and your recovery.
• Your attorney: Your lawyer sits beside you to protect your rights, raise objections, and make sure the questions stay fair.
• The opposing attorney: The defense lawyer asks most of the questions and represents the at-fault party or their insurer.
• The court reporter: This officer places you under oath and records the testimony into a written transcript.
• A videographer: Some depositions are also recorded on video, though not all.

A judge is not present. Depositions in Utah happen outside the courtroom, though the parties can involve the court if a serious dispute comes up during questioning.

What Happens at a Deposition, Step by Step

Every deposition follows a familiar rhythm. Understanding the sequence ahead of time helps you stay calm and focused. 

Here is how the process generally unfolds:

1. The court reporter places you under oath, and you promise to tell the truth.
2. The opposing attorney starts with background questions about your name, work history, and education.
3. The questions move to the incident itself, including what you saw, felt, and did.
4. You answer detailed questions about your injuries, medical treatment, and recovery.
5. Your attorney objects when a question is improper and protects the record.
6. You take breaks as needed, since sessions can run for hours.
7. After questioning ends, the court reporter prepares the official transcript.

Throughout the session, your attorney stays engaged and steps in whenever the other side crosses a line.

How Long Does a Deposition Take?

Length varies with the complexity of your case. Some wrap up in an hour, while others fill most of a day.

Utah sets clear outer limits. During standard discovery, oral questioning of a party may not exceed seven hours, and questioning of a nonparty may not exceed four hours. Your attorney tracks that time and makes sure the other side stays within it.

Common Deposition Questions in a Utah Injury Claim

Deposition questions cover a wide range, but most fall into a few predictable categories. Knowing the categories helps you prepare without trying to memorize answers.

• Background questions: Your name, address, employment, and education history.
• The incident: What happened before, during, and after the crash or fall, including road or property conditions.
• Your injuries: Every injury you suffered and every provider who treated you.
• Medical history: Prior injuries or conditions the defense may argue explain your current symptoms.
• Daily-life impact: How your injuries affect work, sleep, hobbies, and relationships.

The defense often asks about pre-existing conditions for a reason. They want to know whether an older injury, rather than this incident, could account for your pain. Honest, careful answers keep the focus where it belongs.

How to Prepare for Your Deposition

Preparation is the single biggest factor in a strong deposition. At Lance Bingham, we meet with every client well before the date to review the case and practice the process. 

These habits make the biggest difference:

• Meet with your attorney beforehand to review likely questions.
• Tell the truth and stick to the facts you know.
• Answer only what is asked, and resist the urge to volunteer extra details.
• Take your time, and pause before you respond.
• Say "I don't know" or "I don't remember" when that is the honest answer.
• Stay calm, polite, and consistent, even under pressure.

Good preparation is not about scripting answers. Our team helps you feel steady and clear so your real experience comes through.

What Not to Say During a Deposition

A few habits can weaken otherwise strong testimony. Careful witnesses avoid the following:

• Guessing at answers instead of admitting uncertainty.
• Exaggerating or downplaying injuries, since both hurt your credibility.
• Volunteering information the question did not ask for.
• Using absolute words like "never" or "always" when they may not hold up.

Consistency protects your claim. Testimony that contradicts your earlier statements gives the defense an opening, and our team works to keep that from happening.

No enfrentes el proceso legal solo

Recibe asesoramiento confiable desde el primer día.

Llame hoy mismo al 801-869-6800

Utah Rules That Govern Depositions

Depositions in Utah follow specific rules, and knowing them helps you understand your rights during the process. These are the main ones that apply to a personal injury case.

• Rule 30, Depositions upon oral questions: This rule covers notice, recording methods, time limits, and remote testimony. A deposition may be taken by remote electronic means when a witness cannot appear in person.
• The transcript review window: After the transcript is ready, a witness has 28 days to sign a statement of changes to the form or substance of the testimony, under Rule 30(e).
• Objections and instructions not to answer: Objections are noted for the record while questioning continues. A witness may be told not to answer only to protect a privilege, enforce a court limit, or seek a protective order, under Rule 30(c).
• Rule 32, Use of depositions in court: This rule governs how deposition testimony may be used later in the case, including at trial.
• The filing deadline: Utah generally gives injured people four years from the date of injury to file a personal injury claim, under Sección 78B-2-307 del Código de Utah. Shorter deadlines apply to wrongful death and claims against government entities.

These rules exist to keep the process fair. Our attorneys use them to protect you and to hold the other side to the same standard.

What Happens After the Deposition?

Once questioning ends, the court reporter prepares the transcript. You then have time to review it and note any corrections within the window Utah allows.

Settlement talks often gain momentum after depositions. Both sides now have a clearer picture of the evidence and how each witness performs under questioning. Strong, consistent testimony can move the other side toward a fair offer.

From there, cases take different paths. Some resolve through settlement, others move to mediation, and a few continue toward trial. Your attorney reviews the transcript and helps you decide on the next step for your situation.

How Lance Bingham Helps You Through Your Deposition

A deposition is far less stressful when you are not facing it alone. At Lance Bingham, our attorneys handle your case directly, so the person preparing you is the same person defending you in the room.

Our team meets with you ahead of time, explains what the defense is likely to ask, and makes sure you feel ready. During the session, we object to improper questions, protect the record, and keep the process fair from start to finish.

If you have a deposition coming up in your Salt Lake City injury case, attorneys Dustin Lance and Cole Bingham are ready to help. Call Lance Bingham at 801-477-8219 for a free case evaluation.

Frequently Asked Questions About Personal Injury Depositions

Do most personal injury cases settle after a deposition?

Many do. Depositions give both sides a clearer view of the evidence, which often leads to renewed settlement talks, though every case is different.

Who goes first in a deposition?

The attorney who scheduled the deposition asks questions first. In a plaintiff's deposition, that is usually the defense lawyer.

Can I refuse to answer a question?

Rarely. In Utah, you may be instructed not to answer only to protect a privilege, enforce a court limit, or seek a protective order.

Is a deposition the same as testifying in court?

No. A deposition happens outside the courtroom with no judge present, but the testimony is sworn and can be used later at trial.

How long do I have to file my Utah injury claim?

Utah generally allows four years from the date of injury for most personal injury claims. Shorter deadlines apply to certain cases, so act early.

Obtén la justicia que te mereces

Consulte a un abogado especializado en lesiones hoy mismo.

Obtenga su consulta legal gratuita

Contact Our Salt Lake City Personal Injury Team About Your Deposition

If a deposition is ahead of you, preparation starts now. Lance Bingham helps injured people across Salt Lake City and throughout Utah understand the deposition process and face it with confidence. 

Our attorneys prepare you, protect you, and stand beside you every step of the way. Call 801-477-8219 today for a free case evaluation, and let our team help you move forward.