Deposition

What It Is

A deposition is a pretrial proceeding where a witness gives sworn testimony, under oath, in response to questions from the attorneys (or pro se parties). A court reporter transcribes everything. The testimony can be used at trial to impeach the witness if their story changes.

Why Depositions Matter

Depositions are the most powerful discovery tool in § 1983 cases because:

• You get the officer’s story on the record before trial — they can’t easily change it later
• You can ask follow-up questions — unlike written interrogatories, you can probe, clarify, and challenge
• Body language matters — you see how they react to tough questions
• Impeachment gold — if the officer says something different at trial, you read back the deposition transcript

How They Work

1. You serve a notice of deposition identifying the witness, date, time, and location
2. A court reporter swears in the witness and transcribes the testimony
3. You ask questions; opposing counsel can object (but the witness usually still answers)
4. The transcript becomes part of the case record

Federal Rule 30 governs depositions. Each side gets 10 depositions (by default) and each deposition is limited to 7 hours in one day.

Pro Se Deposition Tips

• Prepare an outline — Know what you need the witness to admit or deny. Don’t wing it.
• Ask open-ended questions — “Tell me what happened next” gets more useful testimony than “Did you use force?”
• Let silence work — After they answer, wait. People fill silence with additional details.
• Don’t argue — You’re not trying to win the deposition. You’re building a record.
• Pin down details — Times, distances, what they saw, what they heard, who was present. Specifics are harder to change later.
• Ask about training — “What training have you received on use of force?” establishes the baseline for deliberate indifference arguments.

Cost

Depositions are expensive. You need a court reporter ($300-$800+ per day) and transcripts ($3-$7 per page). If you’re proceeding in forma pauperis, you may be able to get some costs waived, but this isn’t guaranteed.

Video depositions cost more but are more powerful at trial — jurors respond to seeing the witness.

Key Rules

• Rule 30 — Oral depositions
• Rule 31 — Written depositions (less common, less useful)
• Rule 32 — Using depositions at trial