Master the art of deposition strategy. This comprehensive guide provides sample deposition questions tailored for common civil litigation areas—plus tips, pitfalls, and strategy insights to make every question count.
The effectiveness of a deposition often hinges on the quality, structure, and timing of your questions. Vague, compound, or overly broad questions can confuse the witness, invite objections, or yield unhelpful responses. Precise, targeted, and well-sequenced questions, on the other hand, can unlock critical admissions, expose contradictions, and lead to compelling testimony that strengthens your case.
Whether you're questioning a hostile opposing party or a neutral third-party witness, your line of questioning must be designed with both your discovery goals and end-game strategy in mind. Crafting the right questions requires a mix of legal knowledge, psychological insight, and tactical foresight.
This guide delivers a strategic breakdown of sample deposition questions, categorized by litigation type and topic area. Each section includes example questions, key practice tips, and structuring strategies designed to help litigators:
Structure their questioning strategy from general to specific
Extract meaningful, fact-based, and admissible answers
Anticipate and respond to common objections and evasions
Use deposition testimony effectively in motions and at trial
Whether you're navigating a breach of contract claim, defending a personal injury lawsuit, litigating an employment matter, or conducting discovery in a complex commercial case, these sample questions will help you build stronger transcripts, reveal actionable insights, and gain a strategic edge.
Let’s explore sample deposition questions by case category.
Every deposition should begin with foundational questions that help establish the identity, background, and relationship of the witness to the case. These introductory inquiries serve multiple strategic purposes: they set the tone for the proceeding, orient the witness to the scope of the examination, and begin developing a factual record that can be relied upon later in motion practice or trial.
These questions confirm the witness’s personal information and professional status, helping establish credibility and context:
Please state your full name and current address.
What is your date of birth?
What is your current occupation and who is your employer?
What is your educational background?
Have you ever testified under oath before?
Are you familiar with the nature of these proceedings?
These questions begin to anchor the witness in the events at issue:
When did you first become involved with [company, contract, project, or incident]?
Can you describe your role or responsibilities in relation to [dispute subject]?
What communications—written, verbal, or electronic—did you have about this matter?
Have you kept any notes or documentation related to your involvement?
🎯 Use foundational questions to set the tone for a respectful, factual exchange. Early precision builds credibility and reduces resistance from the witness.
Contract disputes typically turn on issues of offer, acceptance, performance, breach, and damages. Your deposition questions in this area should be tightly focused on understanding the parties' intent, their actual performance, and any communications that clarify or modify contractual terms.
What terms of the contract do you believe were breached?
On what date did you first identify a breach had occurred?
Did you send any written notice of breach to the defendant? When?
Can you describe what actions you took to fulfill your end of the contract?
Were there any verbal or written modifications made to the original contract? If so, by whom?
How did the breach impact your business or operations?
Have you attempted to mitigate your damages?
What was your understanding of the key obligations in the contract?
Did you believe the plaintiff fulfilled their contractual obligations?
Can you describe your rationale for withholding performance or altering delivery?
Were there any external factors (e.g., supply chain issues, force majeure) that affected your ability to perform?
Do you have communications or meeting notes reflecting concerns about performance or modifications?
📌 Tip: Walk through the contract section by section. Ask the witness to confirm their understanding, explain implementation challenges, and discuss any dispute resolution clauses invoked.
In personal injury litigation, depositions serve as a vital opportunity to uncover the factual details surrounding the incident, assess the scope and legitimacy of claimed injuries, and probe both liability and damages. The goal is to establish a clear timeline of events, confirm medical history, and evaluate credibility—particularly regarding pain, impairment, and impact on daily living.
Can you describe the incident that caused your injury, including the location, time, and how it occurred?
What specific injuries did you sustain as a result of this incident?
When did you first seek medical attention, and from whom?
Have you received any diagnoses or prognoses related to your injuries?
What treatments, surgeries, or therapies have you undergone since the incident?
Are you still under a doctor's care? If so, which physician or provider is currently treating you?
Have you missed work or lost income due to your injuries? If so, for how long?
Have you experienced similar or related injuries before this incident?
Were there any witnesses present who can confirm your account of the accident?
Have you made any social media posts or public comments about your injuries or recovery?
Were you present at the location of the incident at the time it occurred?
What safety procedures or warnings were in place at the time of the incident?
Were you or anyone else made aware of a hazardous condition prior to the incident?
Have there been similar incidents or injuries at this location in the past?
What steps did your organization take following the incident (e.g., investigations, reporting, remedial measures)?
Do you contest that the incident occurred as the plaintiff described?
On what grounds do you dispute liability, if any?
Have you reviewed the plaintiff’s medical records or claims?
Do you believe the plaintiff’s injuries are exaggerated or unrelated to the incident?
🎯 Confirm all treatment providers, relevant diagnostic reports, and any inconsistencies between the plaintiff’s deposition testimony and earlier claims, statements, or medical records. Detailed questioning around pain, mobility, and limitations often uncovers discrepancies and helps shape your expert strategy.
What was your job title and scope of responsibilities?
What specific incidents led to your claim?
Did you report the issue internally? If so, to whom?
Do you have any documents, emails, or messages that support your claims?
What disciplinary actions were taken against the plaintiff?
How were similar situations handled with other employees?
Were there performance issues unrelated to the complaint?
Is there documentation of all employment actions taken?
📌 Ask for comparator data to test consistency of treatment.
Who prepared the purchase agreement?
What representations were made prior to the sale?
Were there any known defects or zoning issues disclosed?
Was an inspection or appraisal conducted?
🎯 Anchor these questions to closing documents and disclosure statements.
Who approved the disputed transaction?
What internal policies governed that decision?
Can you explain the financial impact on your organization?
Was there third-party involvement or outside consulting?
📌 Use exhibits like board minutes, emails, or contracts to walk through transactions.
When the opposing party has produced discovery, tailor deposition questions to probe:
Why were certain documents not produced?
Can you explain this email chain or file reference?
Who else had access to the document system?
Did you delete or alter any relevant documents?
🎯 Use these questions to validate, impeach, or expand prior discovery.
Avoid “why” or argumentative phrasing: Use “Can you explain” instead
Keep one question per sentence: Don’t confuse or overwhelm
Lead only when appropriate (e.g., hostile or adverse witnesses)
Build context first, then ask about actions or judgments
📌 Practice reading your questions aloud to test clarity and tone.
Long enough to cover all key topics but short enough to stay flexible—typically 10–15 major headings with follow-ups.
Yes. Mark them as exhibits and walk the witness through contents.
Start open-ended to gather information, then close questions to clarify.
Yes. You can return to topics as needed—just stay organized.
Ask the court reporter to read back the question and repeat it. Clarify. Then reframe.
At Legal Husk, we don’t just support discovery—we help you design and execute depositions that uncover the truth and drive litigation success. Our support includes:
Custom deposition outlines for your specific case
Targeted question sets aligned with claims and defenses
Document linking and exhibit strategies
Coaching on tone, sequencing, and objection navigation
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