Preparing for Your Deposition in a California Business Lawsuit

Last updated: November 2026

Preparing for a deposition means reviewing the key documents and understanding the topics you will be asked about. It also means practicing a simple discipline: listen to the whole question, pause, answer only what was asked, and say so when you do not know. In California the examination is limited to seven hours, the notice must give at least ten days, and you have 30 days afterward to correct the transcript. Kolmogorov Law, P.C. prepares business owners and company witnesses for depositions in Orange County, Los Angeles, and across California.

Call (909) 235-6116 or contact us online to discuss an upcoming deposition.

What a deposition is and why it matters

Any party may take the oral deposition of any person, including another party, within the scope of permitted discovery. (Code Civ. Proc., § 2025.010.) A court reporter swears you in, the other side's lawyer asks questions for hours, and everything is transcribed and often recorded on video.

The transcript is quoted in summary judgment motions, read to the jury at trial, and used to impeach you if your testimony changes. Our discovery toolkit explains the other discovery tools, and our step-by-step guide shows where the deposition falls in the case.

In my experience the deposition is the single most important day in a business case before trial.

The rules that shape the day

The deposition must be set for a date at least ten days after the notice is served. (Code Civ. Proc., § 2025.270, subd. (a).) Examination by all counsel other than your own is limited to seven hours of total testimony, unless the court orders otherwise or an exception applies. (Code Civ. Proc., § 2025.290, subd. (a).)

When the deponent is a company rather than a person, the notice must describe the subjects with reasonable particularity, and the company must designate and produce the officers, employees, or agents most qualified to testify on those subjects. (Code Civ. Proc., § 2025.230.) That witness speaks for the company and must be prepared on information reasonably available to it, not just what she personally remembers. The seven-hour limit does not apply to that designated witness. (Code Civ. Proc., § 2025.290, subd. (b)(5).)

How we handle deposition preparation

We go through the documents the other side is likely to use: the contract, the emails that look bad, the financials. We identify the ten or fifteen questions that will decide the day and work through honest, complete, short answers to each.

Then we practice the discipline. Listen to the entire question. Pause, which gives your lawyer time to object and gives you time to think. Answer only the question asked. If you do not know, say so; if you do not remember, say that instead. Do not guess or estimate unless you say that is what you are doing.

A deposition is not a conversation. The other side's lawyer is not your audience. The transcript is.

What your lawyer can and cannot do

Your lawyer will object to the form of questions and to privileged matters. Objections to privilege or work product must be made at the deposition or the protection is waived. (Code Civ. Proc., § 2025.460, subd. (a).) Objections to errors that could be cured if raised promptly, including the form of a question, are likewise waived unless made at the time. (Code Civ. Proc., § 2025.460, subd. (b).)

What your lawyer generally cannot do is tell you not to answer. Instructions not to answer are reserved for privilege and a few protective grounds. If the questioning becomes abusive or strays into trade secrets or private matters, the remedy is a motion for a protective order. The court can grant one before, during, or after the deposition by limiting the subjects, sealing the transcript, or ending the examination. (Code Civ. Proc., § 2025.420, subds. (a), (b).)

The questions that trip up business owners

Three patterns cause most of the damage I see in transcripts.

The first is the confident timeline. An owner is asked when a conversation happened and gives a date. The emails later show a different month, and the jury hears that he was wrong under oath.

The second is the absolute. "We always send a written confirmation." "I never discussed pricing with him." One exception, and the word becomes the cross-examination.

The third is the document the witness has not read. The lawyer hands over a 40-page agreement and asks what paragraph 12 means. The right answer is to read it, slowly, before saying anything.

After the deposition: the transcript

When the transcript is ready, the court reporter notifies you, and for 30 days you may review it and change the form or substance of any answer, then sign it or decline to sign. (Code Civ. Proc., § 2025.520, subds. (a), (b).) Changes are permitted, but substantive ones can be read to the jury alongside the original answer, so the time to get it right is in the room.

Substantive changes are rare and made only with a reason we are prepared to explain.

Where depositions happen

Depositions in Orange County and Los Angeles cases take place in law offices and court reporter suites, not in court, and many are now conducted by video with the witness, counsel, and reporter in different locations. The transcript follows the case to trial at the Central Justice Center in Santa Ana or the Stanley Mosk Courthouse, and our civil trials page explains how it is used there.

If the notice asks you to bring documents, or you have been served a subpoena as a non-party, our subpoena guide covers the production side.

What to bring to the preparation meeting

Bring the deposition notice and any document requests attached to it. Bring the documents you expect to be asked about, especially the ones you would rather not discuss. Do not bring anything you have not shown your lawyer, and do not create new notes to study from; those can become discoverable.

Frequently asked questions

How do I prepare for a deposition?

Meet with your lawyer at least once, review the documents the other side is likely to use, and identify the questions that matter most. Practice listening to the whole question, pausing, and answering only what was asked. Learn the difference between "I don't know" and "I don't remember." A deposition is a test of discipline, not memory.

What should you not say in a deposition?

Do not guess at dates, numbers, or what other people were thinking. Avoid "always" and "never." Do not volunteer information beyond the question, and do not argue with the questioner or try to persuade him. Do not characterize documents you have not read in the room, and do not reveal privileged conversations with your lawyer.

How long does a deposition last in California?

Examination by opposing counsel is limited to seven hours of total testimony under Code of Civil Procedure section 2025.290, not counting breaks. The court can allow more time, and exceptions apply to a company's designated witness and to experts. Many business depositions finish in three to five hours.

Can I refuse to answer a question in a deposition?

Rarely. You may decline to answer when the question calls for privileged information, and your lawyer will instruct you on that. For questions that are merely irrelevant, embarrassing, or annoying, you generally must answer under objection, and the remedy is a protective order from the court. Refusing without a valid basis invites a motion to compel.

What happens after a deposition?

The court reporter prepares the transcript and notifies you when it is available. You then have 30 days to review it, make any changes, and sign. Both sides use the transcript in later motions, in settlement negotiations, and at trial. If your testimony created a problem, address it immediately with your lawyer.

Talk to a California civil litigation attorney

If you or a company witness has been noticed for a deposition, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is located at 327 Magnet, Irvine, CA 92618, and represents businesses in Orange County, Los Angeles, and throughout California.

This page provides general information about California law and is not legal advice. Outcomes depend on the testimony, the facts, and the court.