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.
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.
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.
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:
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.
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:
Throughout the session, your attorney stays engaged and steps in whenever the other side crosses a line.
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.
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.
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.
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:
Good preparation is not about scripting answers. Our team helps you feel steady and clear so your real experience comes through.
A few habits can weaken otherwise strong testimony. Careful witnesses avoid the following:
Consistency protects your claim. Testimony that contradicts your earlier statements gives the defense an opening, and our team works to keep that from happening.
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.
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.
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.
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.
Many do. Depositions give both sides a clearer view of the evidence, which often leads to renewed settlement talks, though every case is different.
The attorney who scheduled the deposition asks questions first. In a plaintiff's deposition, that is usually the defense lawyer.
Rarely. In Utah, you may be instructed not to answer only to protect a privilege, enforce a court limit, or seek a protective order.
No. A deposition happens outside the courtroom with no judge present, but the testimony is sworn and can be used later at trial.
Utah generally allows four years from the date of injury for most personal injury claims. Shorter deadlines apply to certain cases, so act early.
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.
Dustin specializes in serious accident and injury cases in Utah and Idaho, practicing in State and Federal Courts. He's recognized as "Utah's Legal Elite," a "Mountain States Rising Star," and a member of The National Trial Lawyers Top 100. He holds an Avvo Superb Rating and is actively involved in legal associations, serving as a judge pro tempore for the Utah Supreme Court. A Utah native, Dustin earned his degrees from the University of Utah. He lives in Farmington with his wife and three children, enjoying family time, flying, and various outdoor activities.
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