What Happens During a Deposition in Illinois?

 Posted on January 22, 2026 in Personal Injury

Each year, hundreds of thousands of  personal injury claims are filed across the United States. Many of these claims included depositions as part of the process. These depositions are formal question-and-answer sessions where a witness gives sworn testimony outside of court. What you say in a deposition can later be used during settlement talks or at trial.

As of 2026, Illinois courts still rely heavily on depositions to gather evidence and evaluate personal injury claims early in the case. If you have been scheduled for a deposition, guidance from a Decatur, IL personal injury lawyer can help you understand what to expect and protect your case from early mistakes.

Why Are Depositions So Important in Illinois Civil Cases?

Depositions often shape how a lawsuit moves forward. They are important because they allow the attorneys to:

• See how a witness handles questions under pressure.

• Spot unclear or conflicting statements early.

• Lock in testimony that can be used later in court.

• Judge how credible a witness may appear.

• Decide whether a case is more likely to settle or continue.

Who Has To Attend a Deposition in Illinois?

Several people usually attend a deposition. This includes the witness, attorneys for both sides, and a court reporter who records everything that is said. In some cases, a videographer may also be present.

Under Illinois Supreme Court Rule 201, all parties involved in a case are allowed to gather relevant information during the discovery process. This rule is meant to prevent surprises at trial by requiring both sides to share evidence ahead of time.

What Happens During a Deposition for a Personal Injury Case?

The deposition starts with the witness being sworn in. The attorney asking questions usually begins with simple background topics, such as your name, job, and education. The questions then move to details about the case. In personal injury matters, this often includes questions about matters like:

• Where and how the accident happened

• What injuries you suffered and when you first noticed symptoms

• What medical treatment you received and from whom

• Whether your injuries affected your ability to work or perform daily activities

• Whether you had similar injuries or medical issues before the incident

You must answer truthfully. If you do not understand a question, you can ask for it to be repeated or explained. Attorneys may object to certain questions. In most cases, the objection is simply noted, and you will still answer unless your attorney instructs you not to.

How Long Does a Deposition Last in Illinois?

Illinois law limits how long depositions can last. Under Illinois Supreme Court Rule 206(d), most depositions are limited to three hours, unless a judge allows more time.

These limits are meant to keep questioning fair. Still, depositions can feel stressful, which is why preparation is helpful.

What Should You Avoid Saying During a Deposition?

Many issues happen when witnesses guess, exaggerate, or offer more information than needed. It is also important not to argue with the attorney asking questions.

If you do not know an answer or cannot remember something, it is okay to say so. Short, honest answers usually work best.

How Can an Attorney Help You Prepare for a Deposition?

In a personal injury case, an attorney helps you prepare by focusing on the facts that matter most to your claim. This includes reviewing the accident details, your injuries, medical treatment, and how the injury has affected your daily life and work. Your attorney can help you understand which questions are routine and which ones are designed to test your credibility.

During preparation, you may practice answering questions clearly and accurately without guessing or offering extra information. At the deposition, your attorney can object to improper questions, clarify confusing ones, and make sure the process stays fair. This level of preparation can reduce stress and help you feel more confident when testifying.

Schedule a Free Consultation With Our Champaign, IL Personal Injury Attorneys

Depositions can feel intimidating, especially when your case may depend on what you say under oath. Kanoski Bresney can offer valuable insight into how personal injury cases, from car accidents to nursing home neglect claims, are investigated and handled. With over 100 years of combined experience, our team knows how to prepare clients for depositions and protect their interests at every stage of a case.

If you are facing a deposition, call our Decatur, IL personal injury lawyers at 888-826-8682 to schedule your free consultation today.