What is the Difference Between a Deposition and Interrogatories in an Injury Case?

Depositions and interrogatories have some things in common, such as being steps in the discovery phase of a case. An injury victim and the liable party are both subjected to depositions and interrogatories, and some other parties may be, too. However, there are also some important differences between the two.

Below, we discuss some of these differences and why they matter during an injury case.

Interrogatories vs. Depositions – What’s the Difference?

Both interrogatories and depositions are part of discovery, but they work differently and serve different goals. If you’re part of a case, you might deal with one or both.

An interrogatory is a set of written questions sent to the other side. You typically have a few weeks to respond to interrogatories in writing. A deposition, by contrast, takes place in person, where you’re asked questions aloud and a court reporter documents your answers. Everything is done under oath, similar to how testimony works in a courtroom.

Here’s a basic breakdown of how they work:

• Format: Interrogatories are done in writing and depositions are done in person or over video, and the answers are spoken out loud.
• Response timeline: You normally have around 30 days to answer interrogatories. With a deposition, you’re expected to respond right then and there.
• Cost: Depositions usually cost more. That’s because they involve attorneys, court reporters, and sometimes transcript fees.
• Stress level: Interrogatories give you more space—you work through them with your lawyer. Depositions can feel more stressful since you’re answering on the spot and everything is recorded.
• When they’re used: Interrogatories are good for registering details early on. Depositions are more about seeing how someone holds up when asked to explain those details out loud.

Both tools matter. They’re used for different reasons and can work together to strengthen a case. One helps lay things out. The other puts those answers to the test.

What is a Deposition?

A deposition is an important part of the discovery phase after a lawsuit has been filed. The deposition is usually an audio or video recorded verbal question and answer session between the party being asked the questions (deposed) and the attorney of the opposing party.

There are usually a few people present during a deposition, including the attorney for the person who is being deposed, the attorney asking the questions and a court reporter who is recording the deposition.

All questions asked during a deposition must be answered under oath, but the person being deposed has the right to object to a question with good cause.

In California, a deposition may only last seven hours, which is the same for federal civil proceedings.

What Are Interrogatories?

Unlike a deposition, interrogatories are written questions sent from one party to another. However, just like a deposition, these written questions are also answered under oath.

The person who is subjected to these questions must answer them all or object to any he or she finds unreasonable or unrelated to the case. These objections are usually done by the attorney representing the person being asked the questions.

There are also limits to interrogatories, including the number of questions asked. Each party is only legally allowed to ask up to 25 questions, which must all be relevant to the injury, accident or overall case.

Are Depositions and Interrogatories Necessary in an Injury Claim?

Since both depositions and interrogatories are part of the discovery process, whether they are necessary depends on a few things.

First, for either of these things to occur, a lawsuit must be filed, and the discovery phase must begin. Without a lawsuit, there are no depositions or interrogatories. Next, the case must move through the phases of discovery and eventually get to the point when a deposition or interrogatory would be required to gather necessary information for the case.

There are some instances when a lawsuit is filed and discovery begins, but the case never reaches the point of interrogatories or depositions because the opposing parties come to a settlement agreement through negotiations.

Do Depositions or Interrogatories Come First?

Whether a deposition or interrogatory questions come first in a case depends on how your attorney believes the case should proceed. However, most cases begin with interrogatories to establish some basic facts about the case and gather more information prior to questioning the opposing party. Especially since some interrogatory questions may overlap with the ones asked during a deposition.

The benefit of undergoing interrogatories prior to a deposition is that this provides you the opportunity to provide further proof that you suffered an injury due to another person’s negligence, which may help the opposing side realize it would be best to offer a settlement that would be enough to cover your damages.

Additionally, going through interrogatories before being questioned by an opposing attorney may be less stressful to the injury victim. It also provides the opportunity to get some relief from your injuries before being subjected to a seven-hour question and answer session if your injuries are severe.

Are Depositions and Interrogatories Required in Every Case?

Not always. While both are common in civil litigation, they aren’t required in every case. Some claims settle early, before either side finishes the discovery process. In those situations, neither depositions nor interrogatories may be needed.

If you’re wondering what depositions are or what is an interrogatory, the key is understanding how they fit into the bigger picture. They’re tools—useful, but not always necessary. A seasoned attorney will look at the facts, the other party’s position, and the likelihood of settlement to decide whether to move forward with formal discovery.

In some cases, it’s worth the time and cost. In others, it’s not. The right legal team will know when to push forward and when to resolve things without dragging out the process.

What Is the Purpose of Discovery in a Personal Injury Case

Discovery gives both sides a chance to dig into the facts and understand what really happened. It’s not just about gathering evidence—it’s about figuring out where the case stands. By exchanging information early, both parties can size up the strong points, spot the weak ones, and get a clearer idea of what a fair settlement might look like. 

That’s where the difference between interrogatories and depositions comes in. Interrogatories let attorneys ask written questions to lock in facts, while depositions are used to see how someone answers out loud when pressed. Both serve different functions but work together to move the case forward. One lays the groundwork, and the other tests it.

How to Prepare for Interrogatories or Depositions in California

Getting ready to answer formal questions in a case can feel overwhelming, especially if it’s your first time dealing with legal discovery. Whether you’re facing written questions or speaking under oath, there are ways to prepare so you feel more confident and in control. Here’s how we walk clients through it:

• First, understand what you’re being asked to do. If you’re wondering what are interrogatories or what are depositions, the basic difference is that interrogatories are answered in writing, while depositions are spoken and recorded.
• Go over the facts with your attorney. It’s important to be clear on what happened, what treatment you’ve had, and what issues are still affecting you.
• Review your medical records and any documents you’ve already shared. You don’t need to know every detail by memory, but you should be familiar with your care.
• Keep your answers honest and to the point. Don’t try to fill in gaps or guess. Saying “I don’t know” or “I don’t remember” is okay if it’s the truth.
• At Arnold Law Firm Accident & Injury Attorneys, we’ll help you prepare ahead of time and be by your side throughout the process so you’re not handling it alone.

Which Is More Important for My Case?

Deciding whether interrogatories or depositions matter more will depend on what your case looks like. Each has a purpose, but one may end up being more useful than the other based on the details involved.

The Type of Case Matters

In some claims, especially when liability isn’t in question, interrogatories may do most of the heavy lifting. They give both sides a chance to clarify facts early and figure out what needs further attention.

Injuries and Disputes Change the Focus

If there’s serious injury or if either side is pushing back on key facts, depositions may take on a bigger role. Speaking directly with witnesses under oath can help uncover gaps or inconsistencies that written responses don’t catch.

Having the Right Legal Team Helps

You don’t have to figure this out on your own. A good attorney can look at what’s going on in your case and decide when each tool should come into play. It’s not about picking one—it’s about using both where they work best.

Contact Arnold Law Firm Accident & Injury Attorneys for Discovery Support

If you’ve been served with interrogatories or told you’ll need to sit for a deposition, don’t try to manage it alone. These steps can shape the direction of your personal injury case, and the way you respond matters. That’s why having someone in your corner who knows what they’re doing can make a real difference.

At Arnold Law Firm Accident & Injury Attorneys, we offer free consultations and work on a contingency basis, which means you don’t pay anything unless we win your case. We’ll walk you through the discovery process, explain what to expect, and help you stay prepared every step of the way.

Whether you’re filling out written responses or getting ready to answer questions under oath, we’ll make sure you’re not doing it blind. Our experienced personal injury lawyers in Sacramento are prepared to help. Call us today or fill out our contact form to get started. We’re here to help you navigate discovery with confidence.

We offer a free consultation to review your legal options. If you choose to work with us, we do not charge you anything up front and we only get paid if you do.

Get the answers you need today. Call 916-777-7777 to get started.