What to Expect at a Deposition in Kentucky
If you’re involved in a Kentucky civil lawsuit, there’s a good chance you’ll be deposed at some point during the case. Depositions can be intimidating if you’ve never been through one, but understanding the process takes much of the anxiety out of it. Here’s what to expect and how to prepare.
What Is a Deposition?
A deposition is sworn testimony taken outside of court, typically in a lawyer’s conference room, with a court reporter recording everything that’s said. The opposing attorney asks you questions under oath, and your answers carry the same legal weight as testimony in a courtroom. Your attorney will be present but generally cannot coach you or tell you what to say — their role is to make objections for the record and protect against improper questions.
Why Depositions Matter
Depositions serve several purposes. They let the opposing attorney learn what you know and assess how you’ll come across as a witness. They lock in your testimony — if you say something different at trial, the other side can use your deposition to impeach you. They often drive settlement decisions — attorneys on both sides use depositions to evaluate the strengths and weaknesses of their case. And they create a record that can be used at trial if you’re unavailable to testify in person.
Rules of the Road
Under Kentucky’s Rules of Civil Procedure (CR 30), depositions follow specific rules. You must tell the truth — you’re under oath, and lying in a deposition is perjury. You’re entitled to have your attorney present. The questioning attorney can ask about anything relevant to the case, and the scope is broad. Your attorney can object to questions, but in most cases you’ll still need to answer (the objection is preserved for the court to rule on later). There’s no judge present — disputes about questions are generally resolved after the fact.
How to Prepare
Listen carefully to each question. Answer the question that was actually asked — not the question you think they’re getting at. If you don’t understand a question, say so and ask for it to be rephrased.
Don’t volunteer information. Answer truthfully and completely, but don’t ramble or provide information beyond what the question calls for. The more you talk, the more ammunition you give the other side.
It’s okay to say “I don’t know” or “I don’t remember.” If you genuinely don’t know or don’t remember, say so. Don’t guess or speculate just to have an answer.
Take your time. There’s no rush. Pause before answering to make sure you understand the question and to give your attorney time to object if needed.
If you have an upcoming deposition and want help preparing, call me at (859) 225-9540 or use the contact form.
Joseph D. Buckles is a civil litigation attorney at Buckles Law Office, PLLC in Lexington, Kentucky.
