Sample Deposition Questions: Civil and Family Law Examples

Sample deposition questions structure the examination by topic so the deposing attorney covers every necessary subject without missing critical admissions. A well-prepared deposition outline organizes questions into background, foundation, substantive issues, document identification, and impeachment material. This guide provides annotated sample questions for civil and family-law depositions, explains the order of examination, and shows how to use leading and non-leading questions strategically.

For the underlying procedural framework, see the deposition guide and the deposition notice template.

Background and Foundation Questions

Every deposition starts with background. These questions establish the witness's identity, qualifications, and ability to perceive the events at issue.

Foundation questions track the requirements of Federal Rule of Evidence 602 (personal knowledge) and FRE 901 (authentication). Counsel uses these to lock down the witness before introducing exhibits. Federal Rule of Civil Procedure 30(b)(1) permits depositions on oral examination, and FRCP 30(c)(2) instructs that objections must be stated concisely in a non-argumentative and non-suggestive manner. The seven-hour limit in FRCP 30(d)(1) constrains how thorough foundation can be.

• Please state your full legal name for the record.
• What is your current residential address?
• What is your date of birth?
• Where are you currently employed, and what is your job title?
• How long have you been in your current position?
• Please describe your educational background, including any degrees or certifications.
• Have you given a deposition before today? If so, in what cases?
• Are you taking any medication today that might affect your ability to recall events accurately?
• Have you reviewed any documents in preparation for this deposition?

The medication question is standard and protects the record from later "I was confused" claims. The document review question identifies materials that may be discoverable under FRE 612.

The Funnel and Exhaustion Technique

Experienced examiners organize each topic as a funnel: begin with a broad, open invitation ("Tell me everything that happened at the meeting"), narrow with follow-ups on each fact mentioned, then close with tight lock-in questions that fix times, names, and sequence. The funnel ends with exhaustion, the discipline of emptying the witness on three axes before moving on: all facts ("What else happened?" repeated until the answer is "nothing else"), all documents ("Are there any documents that relate to that conversation?"), and all witnesses ("Who else was present or has knowledge of this?"). A cleanly exhausted record pays off at trial: any new fact the witness offers later can be met with the deposition page where they swore they had told you everything on the subject.

Civil Litigation: Breach of Contract

For a contract case, sample questions follow the elements: existence of a contract, performance, breach, and damages.

• I'm showing you a document marked as Exhibit 1. Can you identify it?
• Is Exhibit 1 the contract you signed with the plaintiff?
• What was your understanding of your obligations under the contract?
• What did you do to perform your obligations?
• When did you first learn that the plaintiff claimed you had breached the contract?
• What did you do in response to learning of that claim?
• What documents do you have that support your position that you did not breach the contract?

Civil Litigation: Personal Injury

Personal injury depositions focus on the accident, injuries, treatment, and damages.

• Please describe the events leading up to the accident.
• What is your best estimate of the speed at which you were traveling when the collision occurred?
• What did you observe immediately after the collision?
• What injuries did you sustain in the collision?
• Have you treated with any medical providers since the date of the accident?
• Please list each medical provider you have seen for injuries related to the accident.
• Have you missed work as a result of the accident? If so, how many days?
• Have you had any prior injuries to the same body parts you are claiming were injured in this accident?

The prior-injury question is critical in personal injury litigation. Failure to disclose prior injuries undermines credibility and can be devastating at trial.

Family Law: Custody Disputes

Family-law depositions in custody cases focus on parenting capacity, child welfare, and the best-interests factors.

• Please describe your typical weekday schedule with the child.
• Who picks the child up from school each day?
• Who is responsible for the child's medical appointments?
• Have you ever been treated for substance abuse or mental health concerns? If so, please describe.
• Have you ever been arrested? If so, what were the charges and how were they resolved?
• Please describe the child's educational performance.
• What activities does the child participate in outside of school?
• Has the other parent ever interfered with your parenting time? If so, please describe each instance.

Document Identification

Most depositions involve identifying documents. The standard sequence:

1. Mark the document as an exhibit.
2. Hand a copy to the witness and counsel.
3. Identify the document for the record (Bates number, date, title).
4. Ask the witness if they recognize it.
5. Ask foundation questions (when they first saw it, who created it, how it came into their possession).
6. Ask substantive questions about the contents.

Document identification creates trial-admissible foundation testimony. A document properly authenticated at deposition is far easier to admit at trial.

Impeachment and Inconsistencies

If the witness has given prior statements (interrogatory answers, affidavits, sworn testimony in other proceedings), the deposing attorney should compare them to the deposition testimony.

Impeachment by prior inconsistent statement uses Federal Rule of Evidence 613, which allows extrinsic evidence after the witness has had an opportunity to explain or deny. FRE 612 governs refreshing recollection with a writing; the writing becomes available to opposing counsel under the rule. Impeachment by criminal conviction is controlled by FRE 609, with a balancing test for crimes other than crimen falsi. Bias and motive are impeached under United States v. Abel, 469 U.S. 45 (1984). FRCP 32(a)(2) allows a deposition to be used at trial to impeach.

• You testified earlier today that you arrived at the scene at 3:15 PM, correct?
• I'm showing you Exhibit 5, which is your interrogatory response signed under oath on March 1. Do you recognize this document?
• In paragraph 6 of Exhibit 5, you stated that you arrived at the scene at 4:45 PM. Do you see that?
• Which statement is correct, the one in your interrogatory or your testimony today?

Leading vs. Non-Leading Questions

A leading question is a type of questioning in which the form of the question suggests the answer. In general, leading questions are not allowed during the direct examination of a witness, but at deposition the rules are looser. Leading questions are permitted on cross-examination, when examining a hostile witness, or when examining an adverse party. In a typical deposition of an opposing party, the deposing attorney can use leading questions throughout because the deponent is an adverse witness.

Concluding Catch-All Questions

Before going off the record, close every deposition with a short concluding module. Ask whether the witness understood all of the questions asked today, whether any answer needs correction or clarification, and whether anything (a document, a conversation, more time) would refresh their recollection about the matters covered. Then give the errata warning: under FRCP 30(e), the witness has 30 days after notice that the transcript is available to review it and submit changes in form or substance with reasons. Put on the record that any substantive change can be commented on before the jury, and note that some courts refuse to let errata sheets rewrite damaging testimony wholesale. This sequence forecloses the later claim that the witness was confused and never had a chance to correct the record.

What Not to Ask

Certain questions invite improper objections, sanctions, or wasted time:

• Compound questions ("Did you go to the store and then drive home?"). Break into separate questions.
• Argumentative questions ("You expect this jury to believe...?"). Save argument for closing.
• Speculation ("What was the other driver thinking?"). The witness cannot testify to another person's mental state.
• Questions calling for legal conclusions ("Were you negligent?"). Legal conclusions are for the court.
• Questions on privileged matters ("What did your attorney say?"). Attorney-client privilege protects these communications.

When You Need an Attorney

Preparing a witness for deposition or drafting a deposition outline that produces useful admissions is an art. Legal Tank's attorney-drafted deposition notice service includes outline preparation, witness preparation, and full document support. The free deposition notice template form covers the procedural framework.

Related Civil Procedure Guides

• interrogatories vs. requests for production
• motion to compel discovery under Rule 37(a)
• requests for admission under FRCP 36
• requests for production under FRCP 34
• quash motion standards

Frequently Asked Questions

What are good deposition questions?

Good deposition questions are specific, singular, and tied to a clear evidentiary purpose. They start with foundational background, move to substantive topics organized by issue, identify documents for trial use, and probe inconsistencies with prior statements. The strongest questions are simple enough that any answer except the truth produces an obvious problem at trial. Avoid compound questions, legal conclusions, and questions about another person's mental state.

What not to say during deposition?

Witnesses should avoid speculating, guessing, volunteering information, or arguing with the examining attorney. The right answers are usually short and limited to the question asked. "I don't know" and "I don't recall" are appropriate when truthful. Avoid absolute statements ("I never," "I always") unless you are certain. Do not discuss conversations with your attorney; those are privileged. Do not estimate dates, times, or distances unless you are confident.

How do you answer tricky deposition questions?

Listen to the entire question, pause to consider, ask for clarification if needed, and answer only the question asked. Do not try to anticipate where the questioning is going. Truthful, narrow answers are best. If the question is compound or ambiguous, the witness can ask the attorney to break it down. If the question calls for speculation, "I don't know" or "I would have to speculate" is the right answer.

What are the leading questions in a deposition?

A leading question is a type of questioning in which the form of the question suggests the answer. In general, leading questions are not allowed during the direct examination of a witness, but they are permitted on cross-examination of a witness, examination of a hostile witness, or examination of an adverse party. At deposition, the deposing attorney can typically use leading questions throughout because the deponent is treated as an adverse witness for purposes of the questioning.

What questions should you ask an expert witness in a deposition?

Expert depositions target five clusters: every opinion the expert intends to offer, the complete basis for each opinion, the materials reviewed and relied on, compensation (hourly rate and total billed in the case), and prior testimony. Under Rule 26(a)(2)(B), a retained expert's report must already disclose qualifications, publications from the past ten years, compensation, and a list of cases in which the expert testified during the previous four years, so the deposition tests those disclosures for gaps. Always close each opinion with a scope question: "Do you intend to offer any opinion at trial that we have not discussed today?" See the expert witness overview for disclosure and qualification standards.

How do you box in a witness with deposition questions?

Admission boxing builds a conclusion from small, undeniable steps. Each question contains one fact the witness cannot plausibly dispute (the light was red; you saw it was red; you kept driving), asked in sequence so that by the final question the damaging admission is already compelled by the witness's own prior answers. The technique depends on discipline: one fact per question, short declarative phrasing, and no argumentative capstone that invites a fight. Admissions locked in this way can anchor summary judgment motions and be read to the jury at trial under FRCP 32.

How do you ask about damages in a deposition?

Build a damages chronology. Start with the pre-incident baseline (health, work history, activities), walk through the incident, then take each medical provider in date order: first visit, complaints reported, diagnosis, treatment, and discharge. Probe every gap in treatment, because unexplained gaps are the defense's favorite argument. Finish with present condition, out-of-pocket expenses, lost wages with specific figures and supporting records, and activities the witness claims they can no longer perform. Exhaust each category before moving on so no new damage claim can surface for the first time at trial.