Preparing for Your Deposition in a Florida Personal Injury Case

By Jeffrey D. Soud, Esq., Florida attorney (Florida Bar #976090), The SOUD Law Firm, Orange Park, Florida. Updated October 2026.

A deposition is sworn testimony you give before trial: the defense lawyer asks questions, a court reporter puts you under oath and records your answers, and your lawyer is there with you (Fla. R. Civ. P. 1.310). It matters because the defense can use a party's deposition at trial for any purpose, including to point out differences from what you say later (Rule 1.330). Preparing means meeting with your lawyer, reviewing your own records, and following a few ground rules: listen, pause, answer only what was asked, and tell the truth.

What is a deposition, and why does it matter?

A deposition is sworn testimony taken before trial. The defense lawyer asks questions. An officer, usually a court reporter, puts you under oath and records your testimony (Fla. R. Civ. P. 1.310(c)(1)). Your lawyer is there with you. A deposition may be taken by video conference when the parties agree or the court orders it, and the notice must say so (Rule 1.310(b)(7)). Some depositions are also video recorded.

A deposition is not a casual conversation. At trial, the defense can use the deposition of a party for any purpose, including to point out differences between what you said then and what you say on the witness stand (Rule 1.330(a)(1)-(2)).

That is why preparation matters.

How should you prepare with your lawyer?

Meet with your lawyer before the deposition. Preparation is not being told what to say. It is understanding the process and refreshing your memory so your answers are accurate.

Review, with your lawyer:

Your answers to written discovery and any recorded statement you gave
The crash report and photos
Your medical history, including prior injuries and earlier claims
The doctors you have seen since the crash, and roughly when
Time missed from work
What you can and cannot do now, compared with before

In my experience, prior injuries, prior claims, and social media posts are common topics. Tell your lawyer about anything that worries you before the deposition, not after.

What are the ground rules for answering questions?

Listen to the whole question before you answer.
Pause. A short pause lets you think and gives your lawyer a chance to object.
Answer only what was asked, then stop.
"I don't know" and "I don't remember" are complete answers, when they are true.
Do not guess. If you are estimating, say so.
Ask to have a confusing question repeated or rephrased.
Answer out loud. The court reporter cannot record a nod.
Stay calm and courteous, even with uncomfortable questions.
Tell the truth, always. A deposition is sworn testimony.

What happens with objections, breaks, and mistakes?

Your lawyer may object to some questions. In Florida, objections must be stated briefly and without argument or suggestion. A lawyer may instruct you not to answer only to preserve a privilege, to enforce a limit the court has set, or to present a motion to stop or limit a deposition being conducted improperly (Rule 1.310(c)(1), (d)). Otherwise, you generally still answer after an objection. Listen for your lawyer's guidance.

You can ask for a break. Common courtesy is to answer the pending question first, then ask.

If you realize you made a mistake earlier in the day, say so on the record and correct it. In my opinion, a correction made during the deposition is better than one made later.

What happens after the deposition: should you read or waive?

If the testimony is transcribed, you have the right to read the transcript and list any changes, with your reasons, unless you and the parties waive that review (Rule 1.310(e)). Ask your lawyer whether to read or waive. Any changes are attached to the transcript, and a change in substance can be the subject of questions at trial.

Then keep doing what you were doing. Follow your doctors' advice, keep your appointments, and be careful about what you post online. The deposition is one step. The case continues.

This guide is general information about Florida practice as of October 2026, not legal advice. Your lawyer can tell you how these rules apply in your case.

Frequently asked questions

Can a Florida deposition be taken by video conference?

Yes, when the parties agree or the court orders it, and the notice must say so (Fla. R. Civ. P. 1.310(b)(7)). Some depositions are also video recorded.

Do I have to answer a question after my lawyer objects?

Generally, yes. A lawyer may instruct you not to answer only to preserve a privilege, to enforce a limit the court has set, or to present a motion to stop or limit a deposition being conducted improperly (Rule 1.310(c)(1), (d)). Listen for your lawyer's guidance.

Can I take a break during my deposition?

Yes. Common courtesy is to answer the pending question first, then ask.

Can I change my answers after the deposition?

If the testimony is transcribed, you have the right to read the transcript and list any changes, with your reasons, unless you and the parties waive that review (Rule 1.310(e)). A change in substance can be the subject of questions at trial.

What topics usually come up?