Preparing for a Deposition in a Fall Case

If you have never been deposed, the idea of being questioned under oath by the other side's lawyer can feel more stressful than the injury claim itself. In the slip, trip and fall cases we handle, a deposition is one part of the exchange of evidence after a lawsuit is filed. It follows written rules in the Code of Civil Procedure, and knowing those rules takes much of the uncertainty out of the day.

This guide explains how a deposition is set up, what the property owner's lawyer is trying to learn, how to answer, and what happens to the transcript afterward. The same rules apply to cases about broken stairs, poor lighting and other hazards on our dangerous conditions of property page.

How does a deposition work, step by step?

A lawsuit opens discovery. Any party may take the oral deposition of any person, including a party to the case (Code of Civil Procedure 2025.010), about any unprivileged matter relevant to the case (Code of Civil Procedure 2017.010).
A written notice arrives. It must state the address, the date and starting time, the name of each person to be deposed, any documents to be brought, and any plan to record the testimony by audio or video (Code of Civil Procedure 2025.220).
The date is at least 10 days out. A deposition must be scheduled at least 10 days after the notice is served, and a court can shorten or extend that time for good cause (Code of Civil Procedure 2025.270).
The place has limits. Unless a court orders otherwise, your deposition is taken within 75 miles of your home, or within the county where the case is pending and within 150 miles of your home (Code of Civil Procedure 2025.250). It may also be taken remotely: the person administering the oath may attend from another location (Code of Civil Procedure 2025.310).
You are put under oath. The deposition officer administers the oath, and unless the parties agree or the court orders otherwise, a certified shorthand reporter takes down the testimony and any objections (Code of Civil Procedure 2025.330).
The questioning follows trial rules. Examination proceeds as it would at trial under the Evidence Code (Code of Civil Procedure 2025.330(d)), and the other side's lawyers together get seven hours of testimony unless an exception or court order applies (Code of Civil Procedure 2025.290).
You review the transcript. The officer sends notice when the transcript is ready, and for 30 days you may change the form or substance of any answer and sign or refuse to sign (Code of Civil Procedure 2025.520).

What rules apply on the day?

Question	Rule	Source
How much notice do I get?	At least 10 days after service of the notice	Code of Civil Procedure 2025.270(a)
Where will it happen?	Within 75 miles of your residence, or in the county where the case is pending and within 150 miles	Code of Civil Procedure 2025.250(a)
Can it be done by video call?	The deposition officer may attend remotely, and you need not be in the same room as the officer to be sworn	Code of Civil Procedure 2025.310
How long can they question me?	Seven hours of total testimony for all lawyers other than your own, with listed exceptions and court-ordered extra time when needed	Code of Civil Procedure 2025.290
Who records it?	A certified shorthand reporter, plus audio or video if the notice said so or all parties agree	Code of Civil Procedure 2025.330
What if a question is improper?	Objections to the form of a question are made on the record; the deposition goes on subject to the objection unless a party suspends it to seek a protective order	Code of Civil Procedure 2025.460(b)
Can I fix mistakes?	Yes, within 30 days after notice that the transcript is ready, by signing at the officer's office or by certified letter	Code of Civil Procedure 2025.520
Can it be used at trial?	The other side may use a party's deposition for any purpose, and any party may use it to contradict the witness	Code of Civil Procedure 2025.620

What will the property owner's lawyer want to learn?

The questions follow what the owner has to defend against. To win, you must show a condition that created an unreasonable risk of harm, that the owner knew or should have known about it, and that the owner failed to fix it or warn about it (CACI 1003). The owner, in turn, can reduce your damages by proving that your own carelessness was a substantial factor in the fall (CACI 405). Expect questions on each of those points:

The hazard. What you slipped or tripped on, its size and color, whether it had footprints or cart tracks, and how long you think it was there. Our guide on proving the owner knew about the hazard explains why those details matter.
What you saw. Whether you noticed the condition before you fell, whether there was a sign or cone, and where you were looking. Warning signs are discussed in whether you can recover when a hazard was obvious.
Your own conduct. Your shoes, what you were carrying, whether you were using a phone, how fast you were walking, and whether you had been drinking.
The aftermath. Who you spoke to, what you said, whether you filled out an incident report, and the photos you took.
Your health before and after. Earlier injuries to the same body part, prior claims, every provider you have seen, and how the injury affects work and daily life.

Questions about your health before the fall have a legal purpose. An owner is not responsible for a condition you already had, but is responsible for making it worse (CACI 3927), and must compensate a person who was more susceptible to injury than a healthy person would have been (CACI 3928). Honest answers about earlier problems protect the part of the claim that is about aggravation.

How should I answer the questions?

Listen to the whole question and pause before answering, which gives your lawyer time to object. Answer only the question asked, in as few words as are accurate, then stop. If you do not know or do not remember, say so; a guess under oath becomes a sworn answer. If a question uses words you do not understand, or mixes two questions together, ask for it to be repeated or rephrased.

Be careful with numbers. Distances, times and speeds are hard to recall precisely months later. If you are estimating, say that it is an estimate. If you are shown a photo or document, take the time to look at it before answering questions about it.

Your conversations with your lawyer are protected. A client has a privilege to refuse to disclose confidential communications with their lawyer (Evidence Code 954), and a privilege objection must be made at the deposition or it is waived (Code of Civil Procedure 2025.460(a)). You may be asked whether you met with your lawyer to prepare; what was said stays private.

Your lawyer may object to the form of a question. Under Code of Civil Procedure 2025.460(b), the deposition continues subject to the objection, so unless your lawyer tells you not to answer, you generally still answer after the objection is stated. Objections about relevance or admissibility at trial do not have to be made at the deposition and are not lost by staying silent (Code of Civil Procedure 2025.460(c)).

How do I prepare in the weeks before?

Preparation is mostly about your own records. Reread any written answers you already gave in the case, your notes from the day of the fall, your photos and the incident report if you have a copy. Make a list of every doctor, clinic and therapist you have seen in the last ten years, and of any earlier injuries or claims, so you are not working from memory in the room. The list of papers in our guide on what to bring to a first meeting with an injury lawyer doubles as a review list.

Meet with your lawyer at least once to walk through the likely topics and practice answering. Ask how the deposition will be recorded, where it will be held and how breaks will work. If the notice says it will be video recorded, plan to dress as you would for court, because a video recording of a party's testimony can be shown at trial (Code of Civil Procedure 2025.620).

Think about how the injury has changed your days in concrete terms: the tasks you cannot do, the activities you stopped, the help you need. Those details are evidence of pain and suffering, explained in how pain and suffering is valued.

What changes the answer?

The questioning runs past seven hours. The limit does not apply if the parties agree to waive it, to expert witnesses, to most cases the court designates as complex, or to an organization's designated witness, and a court must allow more time when needed to examine a witness fairly (Code of Civil Procedure 2025.290).

A question crosses a line. Before, during or after a deposition, a party or witness may ask the court for a protective order against unwarranted annoyance, embarrassment or oppression, which can limit the topics, the time, the place or who attends (Code of Civil Procedure 2025.420).

The deposition is video recorded. The notice must say so in advance, and another party may also record it on at least three calendar days' written notice (Code of Civil Procedure 2025.220(a)(5) and 2025.330(c)). The oath is given on camera, and the lawyers identify themselves on the recording (Code of Civil Procedure 2025.340).

You live far from where the case is pending. The 75-mile and 150-mile limits apply unless a court orders otherwise (Code of Civil Procedure 2025.250), and a remote deposition is allowed (Code of Civil Procedure 2025.310).

You are deposing the owner's employees. The depositions go both ways. Testimony from the owner's managers and employees can be used against the owner for any purpose (Code of Civil Procedure 2025.620(b)), which can matter for proving what the owner knew.

The fall happened at a private home. When the defendant is a friend or relative whose insurer is defending the case, the same deposition rules apply; see how a claim works after a fall at a friend's home.

What could this look like? An example

For example, imagine a man who slips on water near a drink station in a Petaluma restaurant and tears a knee ligament. His lawsuit is pending in Sonoma County Superior Court when the restaurant's lawyer serves a notice for a deposition 20 days out, at an office in Santa Rosa, with a video recording.

He meets with his lawyer twice. They review his photos, the incident report, his written answers and a list of every provider he has seen, including a physical therapist he saw for the same knee six years earlier. At the deposition he is asked about his shoes, whether he saw a wet floor sign, and whether he was looking at his phone. He says he did not see a sign, that he was carrying a plate in each hand, and that he does not remember how long he had been at the station. He answers the questions about the old knee therapy plainly. The questioning ends after about four hours.

A month later the reporter's notice arrives. Reading the transcript, he finds that "15 minutes" was typed as "50 minutes" and corrects it within the 30 days before signing (Code of Civil Procedure 2025.520). This example is made up to show how the rules fit together; it says nothing about any real case.

What mistakes do people make at a deposition?

Guessing at times, distances or speeds instead of saying "I don't know" or "about."
Volunteering stories the question did not ask for.
Leaving out earlier injuries or providers, which the other side can later use to attack your credibility.
Arguing with the other side's lawyer instead of answering calmly.
Not reading the transcript within the 30 days, so errors stand as though approved.

What should I do this week if a deposition is scheduled?

Put the date, time and address from the notice on your calendar, and tell your lawyer right away about any conflict.
Check whether the notice asks you to bring documents, and give those to your lawyer first.
Reread your written answers, your notes and your photos from the fall.
Write out a list of every medical provider and earlier injury or claim you can remember.
Set up a preparation meeting with your lawyer.
If it will be remote, test the computer, camera and a quiet room ahead of time.

Frequently asked questions

Is a deposition the same as testifying in court?

It is sworn testimony questioned under the same Evidence Code rules as trial (Code of Civil Procedure 2025.330(d)), but it happens at the place named in the notice or remotely. It can be read or shown later in the case.

What if I realize I made a mistake during the deposition?

Say so on the record as soon as you notice it. Otherwise, you may change the answer in the transcript within 30 days after the notice that it is ready (Code of Civil Procedure 2025.520).

What happens if I do not sign the transcript?

If you do not approve it within the allowed time, the deposition is treated as though you approved it, subject to any changes you made in time (Code of Civil Procedure 2025.520(f)).

Will the property owner's employees be deposed too?

Any party may depose any person (Code of Civil Procedure 2025.010), so the people who cleaned, inspected or responded to the fall may be deposed. Their testimony can show what the owner knew and when.

Does a deposition mean my case is going to trial?

No. It is part of discovery, which comes before settlement talks and any trial date. Our guide on how long a personal injury case takes shows where depositions fall in the timeline.

Where are depositions taken in a Sonoma County case?

At the address in the notice, within the distance limits of Code of Civil Procedure 2025.250, or remotely. For the court steps around discovery, see what to expect at Sonoma County Superior Court.

Does what I say affect the value of my claim?

It can. Your testimony about the fall bears on comparative fault, and your testimony about daily life bears on damages. Our guide on what affects the value of a slip and fall claim explains both.

If your fall case is headed toward a deposition, contact Young Law Group today at (707) 343-0556 or through our contact page for a free consultation.

How do I prepare for my deposition in a premises liability case?