What Paralegals Should Prepare Before a Client’s First Deposition

By: Jilio-Ryan | Posted in: court reporting

A deposition is sworn, out-of-court testimony taken during discovery, the phase of a lawsuit where each side gathers facts before trial. Everything said becomes part of the official record, captured word for word by a certified court reporter rather than by either attorney. For paralegals and legal assistants, the weeks before a client’s first deposition are where the real preparation happens, and that work shapes how accurate and useful the final record turns out to be.

What a Deposition Is and Why It Matters

A deposition is one part of discovery, the pre-trial process where both sides exchange information and gather facts about the case. During a deposition, a witness answers questions under oath, meaning their statements carry the same legal weight as testimony given in court.

That distinction matters later. Deposition testimony can be read back at trial to support what a witness says on the stand, or to point out where their story has changed.

It is also worth clarifying who runs the room. A certified court reporter administers the oath and produces the transcript. The attorneys ask the questions, but they do not create the record.

Reviewing the Case File Before the Session

A thorough deposition preparation checklist starts with the file itself, well before the client sits down with an attorney to prepare. Pull together:

• Prior written discovery responses. Interrogatories and requests for admission the client already answered under oath. Any gap between those answers and what the client says in the deposition is a common line of questioning for opposing counsel.
• Pleadings and the claims at issue. The complaint, answer, and any amended filings that define exactly what the case is about.
• Likely exhibits. Documents opposing counsel may introduce, plus the exhibit list if one has already been exchanged.
• A chronological timeline. A simple, dated summary of key events so the client isn’t reconstructing dates from memory in the room.

Having these organized ahead of time gives the attorney more time to actually prepare the client, rather than hunting for documents.

What Happens During a Deposition, Step by Step

• The oath. The court reporter swears in the witness before any questions begin.
• Questioning. Attorneys from each side may ask questions. Objections can be raised, but the witness typically still has to answer unless specifically instructed not to.
• Word-for-word transcription. Everything spoken is recorded, including pauses in speech if a party requests that level of detail.
• Length and breaks. Sessions can run several hours, with breaks built in as needed.
• The transcript. A written transcript is produced afterward, and the witness has the right to review it and note any corrections.

What the Client Needs to Understand Before Testifying

Coaching a client on testimony style is the attorney’s job, not the paralegal’s, but reinforcing a few basics ahead of time helps the day go smoothly.

The client should answer only the question that was asked, without adding extra detail nobody asked for. They should wait until the full question is finished before answering, and pause if an attorney objects.

It is also fine, and expected, to say “I don’t know” or “I don’t recall” when that is the truth. Guessing or speculating to fill a silence creates a record that can be used against the client later. For guidance specific to their case, clients should always defer to the attorney handling the matter.

Confirming Logistics With the Court Reporter

A short deposition scheduling checklist prevents day-of surprises. Confirm the format first: in-person, remote, or video. Each changes small but important procedural details, like how exhibits are shown to the witness. A remote or video deposition also means checking connectivity and screen-sharing access in advance.

Next, confirm how exhibits will be marked and how many copies the reporting firm needs for the record. Finally, flag any interpreter needs early. Certified legal interpreters usually need advance notice to be scheduled for the session.

Common Questions Paralegals Should Be Ready to Answer for Clients

How long will the deposition take? It depends on the case, but most run a few hours, with breaks.

What should the client bring to a deposition? Typically nothing beyond what the attorney requests, since notes brought into the room can sometimes become discoverable themselves.

What happens if the client misspeaks? They can correct the record when reviewing the transcript afterward, and can clarify an answer in the moment if needed.

Who else will be in the room? Usually both attorneys, the client, the court reporter, and sometimes a videographer, depending on how the deposition is being recorded.

Preparation Protects the Record

Careful preparation protects the accuracy of the deposition record just as much as it protects the client’s comfort in the room. A well-organized file, confirmed logistics, and a client who understands the basics all add up to a cleaner transcript and a smoother session.

Jilio-Ryan, based in Tustin, is ready to support that preparation from the scheduling stage through the final transcript. 

Contact us to coordinate a court reporter for your next deposition.

FAQ

• Can a deposition be postponed or rescheduled
  

Yes, though it typically requires agreement between the parties or a court order, depending on the timing and reason for the request.

• What is the difference between a deposition and testifying at trial
  

A deposition happens during discovery, outside the courtroom, and is used to gather information. Trial testimony happens in front of a judge or jury and is part of the actual case presentation.

• Does the client get a copy of the transcript
  

Yes. The witness has the right to review the transcript and request corrections before it becomes part of the final record.

• What if English isn’t the client’s first language
  

A certified legal interpreter can be scheduled for the deposition. This should be arranged with the court reporting firm well ahead of the session.