Quick Answer
A deposition is sworn testimony taken outside the courtroom, usually in a conference room or by video, where a witness answers questions from attorneys while a court reporter creates a transcript. Depositions are a core Nevada discovery tool used to evaluate credibility, clarify facts, preserve testimony, and support settlement and trial preparation. NRCP 30; NRCP 32.
Preparing well matters because deposition testimony can be used to impeach you later, and in certain circumstances it can be used at trial. NRCP 32; NRS 51.035.
1) What a deposition is in Nevada civil cases
A) The basic idea
Depositions are governed primarily by Nevada’s civil procedure rules. NRCP 30.
In a personal injury case, depositions commonly include:
- the injured plaintiff,
- the defendant driver or premises owner representative,
- witnesses,
- corporate representatives (where applicable),
- treating providers or retained experts in appropriate cases.
B) Who is usually present
- The witness (you).
- Your attorney.
- The opposing attorney.
- A court reporter (and sometimes a videographer).
- Sometimes an interpreter, if needed.
C) What makes it “sworn testimony”
Depositions are taken under oath. That means your answers must be truthful, just like in court, and intentional false testimony can create serious credibility and legal consequences.
2) Why depositions matter so much in Nevada injury cases
Depositions are often the moment where the defense decides whether your case is:
- consistent and credible,
- supported by objective proof, and
- likely to be persuasive to a jury.
Depositions also help prove or challenge:
- liability facts,
- comparative negligence allegations under Nevada’s modified comparative negligence statute. NRS 41.141.
- injury causation, especially when the defense argues “not related.” Morsicato v. Sav-On Drug Stores, Inc., 121 Nev. 153, 111 P.3d 1112 (2005).
- damages, including wage loss, future care, and day-to-day functional limits.
3) How a deposition can be used later
A) Admissions and party statements
Your statements can often be used against you as admissions in appropriate contexts. NRS 51.035.
B) Use at trial and motions
Nevada procedure allows depositions to be used in certain circumstances at hearings, in motion practice, and sometimes at trial, depending on the situation. NRCP 32.
C) Impeachment
If your deposition testimony contradicts later testimony, the deposition transcript can be used to challenge credibility. That is why accuracy and consistency matter.
4) The most common topics in a plaintiff’s deposition
In a Nevada personal injury deposition, expect questions about:
A) The incident itself
- What happened step-by-step.
- What you saw, what you heard, distances, speeds, lighting.
- Whether you were distracted, tired, impaired, or in a hurry.
- Prior statements to police, witnesses, or insurers.
B) Injury history
- What you felt immediately and in the hours and days after.
- Every provider you saw.
- Prior injuries or conditions involving the same body parts.
- Prior accidents or claims.
Preexisting condition disputes are common, and Nevada law often requires competent proof when causation is beyond common knowledge. Morsicato v. Sav-On Drug Stores, Inc., 121 Nev. 153, 111 P.3d 1112 (2005). Williams v. Eighth Judicial Dist. Court, 127 Nev. 518, 262 P.3d 360 (2011). FGA, Inc. v. Giglio, 128 Nev. 271, 278 P.3d 490 (2012).
C) Work, wage loss, and daily functioning
- Job duties before and after the incident.
- Time missed from work and why.
- Restrictions and accommodations.
- Household responsibilities and activity limitations.
D) Social media and activities
Defense counsel may ask about your social media activity, such as posts, photos, travel, hobbies, and any actions that could be framed as inconsistent with claimed limitations.
5) How to prepare the right way, a Nevada-focused checklist
A) Meet with your lawyer and review the case themes
Preparation is not “memorizing” answers. It is understanding:
- the timeline,
- the medical story,
- the work story,
- the key dispute points,
- the documents that support your answers.
B) Review core documents
Your lawyer will often review with you:
- key medical records,
- your injury timeline,
- wage loss proof,
- photos and video,
- prior statements (if any).
C) Be ready to explain “good days and bad days”
A common defense tactic is to push for absolute statements, like “You can’t lift anything.” Be accurate and specific. If you can do something briefly with pain, explain that nuance.
D) Understand privilege and how to handle it
If a question calls for privileged communications, your lawyer may object and instruct you not to answer. Privileges are governed by Nevada law. NRS 49.095; NRS 49.245; NRS 49.265.
E) Practice the core deposition skills
These are the skills that prevent mistakes:
- Listen to the full question.
- Pause before answering.
- Answer only what is asked.
- Do not guess. If you do not know, say so.
- Do not volunteer extra information.
- If you do not understand, ask to clarify.
- If you need a break, ask.
- Be calm and respectful, even if the questions feel adversarial.
6) After the deposition, transcript review and corrections
Depositions are transcribed. Nevada procedure provides a mechanism for reviewing the transcript and making certain corrections in the manner permitted by rule. NRCP 30.
Your lawyer should also evaluate:
- whether follow-up discovery is needed,
- whether a protective order is appropriate for sensitive issues. NRCP 26(c).
- whether new evidence preservation steps are necessary.
7) A reminder about evidence preservation
If your case involves video, texts, phone records, or social media, do not delete anything after you anticipate litigation. Nevada recognizes serious consequences when evidence is destroyed after notice. Stubli v. Big D Int’l Trucks, Inc., 107 Nev. 309, 810 P.2d 785 (1991). Fire Ins. Exch. v. Zenith Radio Corp., 103 Nev. 648, 747 P.2d 911 (1987).
Nevada legal authorities cited
- NRS 41.141.
- NRS 49.095.
- NRS 49.245.
- NRS 49.265.
- NRS 51.035.
- Fire Ins. Exch. v. Zenith Radio Corp., 103 Nev. 648, 747 P.2d 911 (1987).
- FGA, Inc. v. Giglio, 128 Nev. 271, 278 P.3d 490 (2012).
- Morsicato v. Sav-On Drug Stores, Inc., 121 Nev. 153, 111 P.3d 1112 (2005).
- Stubli v. Big D Int’l Trucks, Inc., 107 Nev. 309, 810 P.2d 785 (1991).
- Williams v. Eighth Judicial Dist. Court, 127 Nev. 518, 262 P.3d 360 (2011).
- NRCP 26(c).
- NRCP 30.
- NRCP 32.
If you need assistance with your personal injury case, don’t hesitate to contact Friedman Injury Law.
Friedman Injury Law
375 N. Stephanie St., Ste. 1411
Henderson, NV 89014
P: (702) 970-4222
W: blakefriedmanlaw.com