What Is a Deposition in New Jersey Litigation and How Should Clients Prepare?
- Peter Lamont, Esq.
- 4 days ago
- 5 min read
What Is a Deposition in New Jersey Litigation and How Should Clients Prepare?
A deposition is one of the most important stages of discovery in civil litigation. In New Jersey, it is a formal proceeding where a party or witness answers questions under oath, outside of court, with a court reporter present to record the testimony. Depositions are governed by Rule 4:14 of the New Jersey Court Rules. While they are less intimidating than trial testimony, their significance cannot be overstated. What is said in a deposition can shape the entire case.
Depositions serve several purposes. They allow attorneys to gather testimony from witnesses, lock parties into specific statements, and evaluate how a witness will appear before a judge or jury. Unlike interrogatories, which are written and often carefully drafted by counsel, depositions require live answers. The questioning attorney can probe, follow up, and test the witness’s credibility in real time. Every hesitation, inconsistency, or admission becomes part of the record and can be used later in motions or at trial.
For clients, preparation is critical. Many people assume that depositions are informal conversations. That is a mistake. Every answer is given under oath, carries the weight of sworn testimony, and may be read in open court at trial. I remind clients that a deposition is not a place to argue their case, volunteer information, or speculate. It is a place to answer questions truthfully and concisely. Saying too much can be just as damaging as saying too little.
Preparation involves more than reviewing documents. Clients must understand the scope of the case, the claims being made, and the defenses at issue. They must also be trained to handle difficult questioning techniques, such as compound questions, repetitive inquiries, or attempts to provoke emotional responses. In my experience, clients who take preparation seriously perform better, present more credibly, and avoid giving testimony that harms their position.
Depositions also provide attorneys with insight into how the opposing party will present at trial. A well-prepared witness can strengthen a case, while a poorly prepared one can invite settlement pressure or encourage further litigation. Judges and juries ultimately evaluate credibility, and depositions provide the first real preview of how witnesses will perform under questioning.
In short, depositions are not just another step in the discovery process. They are pivotal events that require attention, preparation, and strategy. A deposition can either reinforce a party’s claims or expose damaging weaknesses. Clients who treat them with the seriousness they deserve protect their interests and position themselves for a stronger outcome in litigation.
For more information about your legal rights or to schedule a consultation, please contact the Law Offices of Peter J. Lamont at www.pjlesq.com, call 201-904-2211, or email info@pjlesq.com.
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About Peter J. Lamont, Esq.
Peter J. Lamont is a nationally recognized attorney with significant experience in business, contract, litigation, and real estate law. With over two decades of legal practice, he has represented a wide array of businesses, including large international corporations. Peter is known for his practical legal and business advice, prioritizing efficient and cost-effective solutions for his clients.
Peter has an Avvo 10.0 Rating and has been acknowledged as one of America's Most Honored Lawyers since 2011. 201 Magazine and Lawyers of Distinction have also recognized him for being one of the top business and litigation attorneys in New Jersey. His commitment to his clients and the legal community is further evidenced by his active role as a speaker, lecturer, and published author in various legal and business publications.
As the founder of the Law Offices of Peter J. Lamont, Peter brings his Wall Street experience and client-focused approach to New Jersey, offering personalized legal services that align with each client's unique needs and goals.
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