Most pro se litigants have never been deposed. The word itself sounds intimidating — and the process can be, if you walk in unprepared. But a deposition is also one of the most powerful tools in a case. Used correctly, it can lock down the other side’s testimony, expose inconsistencies, and give you critical information before trial.
Here’s what you need to know about depositions — both as the one being deposed and as the one taking them.
What a Deposition Actually Is
A deposition is sworn, out-of-court testimony taken by one party from another person — either the opposing party or a witness — and recorded by a court reporter. Everything said in a deposition is under oath. It creates a written transcript that can be used at trial to impeach testimony (catch someone in a contradiction) or as evidence if a witness is unavailable.
In Texas, depositions are governed by the Texas Rules of Civil Procedure. As a pro se litigant, you have the same right to take depositions that any attorney does.
When You Are Being Deposed
If the other side notices your deposition, you are required to appear and answer questions under oath. Here are the rules to live by:
Listen to the exact question asked — and only answer that question. This is the single most important rule in a deposition. Don’t volunteer information. Don’t explain. Don’t guess. If you don’t know the answer, say “I don’t know.” If you don’t remember, say “I don’t recall.” If you need the question repeated or clarified, ask for that — don’t answer a question you don’t fully understand.
Pause before answering. Take a breath. Make sure you understand the question. There’s no prize for answering quickly. A slow, deliberate answer is always better than a fast, careless one.
Don’t argue and don’t over-explain. Opposing counsel may ask questions that feel unfair or misleading. Don’t argue with them in the deposition — that’s what the courtroom is for. Answer the question as asked, as narrowly as possible.
You can object — but you still usually have to answer. In a deposition, you can state an objection for the record (“Objection, vague” or “Objection, calls for speculation”), but unlike at trial, you typically still have to answer the question after objecting unless your attorney instructs you not to. As a pro se litigant, noting objections preserves them for the record.
Review the transcript. After the deposition, you have the right to review and correct the transcript. Don’t waive this right. Read it carefully — transcription errors happen, and corrections can matter.
Preparing for Your Deposition
Before you sit down for a deposition, do the following:
- Review every document in your case — know your own timeline cold
- Review any prior sworn statements you’ve made (affidavits, declarations)
- Know what the other side’s theory of the case is and anticipate their questions
- Practice answering questions out loud — not just in your head
- Get a good night’s sleep and don’t schedule it when you’re at your most stressed
When You Are Taking the Deposition
As a pro se litigant, you have the right to depose the other party and witnesses. To notice a deposition in Texas, you must serve a Notice of Oral Deposition that specifies the date, time, location, and who is being deposed. You are also responsible for hiring a court reporter.
When asking questions in a deposition, your goal is to:
- Lock down their version of events so they can’t change it at trial
- Expose inconsistencies between their deposition and prior statements
- Get admissions that help your case
- Gather information you didn’t have before
Start with open-ended questions to get their full story, then narrow in on the details that matter. Keep a list of what you want to cover and check off each item as you go.
Depositions Are Expensive — Use Them Strategically
Court reporters charge by the hour and per page of transcript. Depositions cost real money. Before you notice one, make sure you have a clear purpose and a plan. Deposing the other party in a straightforward custody modification may be overkill. Deposing a witness whose testimony is central to your case may be essential.
This is exactly the kind of strategic decision I help my students think through. Don’t spend money on a deposition you don’t need — and don’t skip one you do.
Call: 830.507.3250 | ben@prosecoachtx.com
— Ben Schooley, Pro Se Coach