Being scheduled or subpoenaed to give a deposition in a construction dispute or lawsuit is a serious legal matter. You are considered to be a witness. There are three types of witnesses. The most common is the lay witness, or fact witness. This witness testifies to what was seen, done, read, heard, and touched. The second type of witness is the expert witness. This witness must be qualified as an expert and can express opinions. The third type of witness is a litigant - one of the parties directly involved in the case.

Whatever your stake, you will be giving testimony under oath. All information taken during the deposition may be admitted into the record of the court. It is the same as being in court. Although the deposition may appear to be an informal process with a friendly atmosphere, don't let this fool you. The opposing lawyer is not your friend. After the deposition you will be asked to "waive signature." Don't do it! Request a copy of the deposition. Review it carefully and make all necessary corrections.