Are Depositions Public Record? (Solved)

Sitting down for a personal injury deposition can be stressful, especially when you have to answer sensitive questions about your medical history, personal finances, and daily routine. 

When you are sharing such personal details under oath, it is natural to wonder who might end up reading the transcript later on.

The good news is that giving a deposition doesn’t automatically make the transcript public. 

Still, things can get a little more complicated if the transcript is filed with the court or used during a hearing or trial.

In this post, we’ll shed some light on if depositions are public.

Are Personal Injury Depositions Public Record?

Personal injury depositions are generally not public records by default. 

Because a deposition takes place during the out-of-court discovery phase of a lawsuit, the court reporter delivers the transcript directly to the attorneys involved, keeping the testimony private between the legal teams and their clients.

A deposition only becomes part of the public record when an attorney officially files the transcript with the court. 

This happens when lawyers submit portions of the deposition as evidence in a motion for summary judgment, attach it as an exhibit in pre-trial hearings, or read it aloud as evidence during an open trial.

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If the lawsuit settles before trial without the testimony being filed in open court (which happens in the vast majority of personal injury claims) the transcript remains private. 

Even when a deposition must be submitted to the court, attorneys can request a protective order or ask the judge to seal sensitive medical and financial details to prevent them from becoming accessible to the public.

When Can A Deposition Become Public?

A deposition can potentially become accessible to the public when it becomes part of the court’s official record.

Some common situations include:

• The deposition transcript is filed with the court as part of a motion or other filing.
• Deposition testimony is used during a hearing or trial.
• A portion of the deposition is submitted as evidence in the case.

Even then, public access can be limited. A judge may restrict access to certain information or seal documents containing sensitive material.

So, there is an important difference between having a deposition and having that deposition become part of a publicly accessible court file.

Who Can Access A Personal Injury Deposition?

The people directly involved in the lawsuit will generally have access to the deposition. 

That includes the attorneys representing the parties and the parties themselves. The court may also have access to the transcript if the deposition is submitted.

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If an attorney attaches the deposition as an exhibit to a legal motion, uses it during a pre-trial hearing, or introduces it as evidence at trial, it becomes part of the official court docket. 

At that point, anyone can view the transcript through:

• Public court records systems
• Online databases like pacer
• At the local courthouse clerk’s office

That is unless the judge grants a protective order to seal the records.

Can A Deposition Be Kept Confidential?

Yes, a deposition or certain portions of it can be protected from public disclosure.

Courts can issue protective orders that limit how certain information is shared or used. Attorneys may also ask the court to restrict access to particularly sensitive information.

This can matter in personal injury cases because depositions often cover topics that people would rather keep private.

Confidentiality is not always automatic, though. A person generally cannot simply decide that a deposition is private and expect everyone else to follow that rule. Court orders and applicable laws can determine what restrictions are available.

Can Insurance Companies See Your Deposition?

Yes. In a personal injury lawsuit, the opposing side and its attorneys generally have access to your deposition testimony.

If an insurance company is involved in defending the claim, its lawyers may review what you said. They can compare your testimony with medical records, accident reports, photographs, previous statements, and other evidence.

That is not necessarily something to panic about. 

Depositions are a normal part of many personal injury lawsuits.

Still, an answer that conflicts with something you previously said could become an issue later, which is why taking your time and answering carefully is important.

What Should You Be Careful About During A Deposition?

A deposition is not a casual conversation with the other attorney. You are answering questions under oath, and your testimony can potentially be used later in the lawsuit.

Here are some tips to make the process much easier:

• Tell the truth and answer the question that was actually asked.
• Do not guess when you genuinely do not know or cannot remember something.
• Take your time instead of rushing to fill an uncomfortable silence.
• Avoid adding information that was not requested.
• Ask for clarification if you do not understand a question.

You do not need to give a long speech every time someone asks you something. A clear, truthful answer is usually better than trying to explain everything at once.

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How Long Does A Deposition Stay On Record?

A deposition can remain part of the litigation materials for a long time. 

If the transcript is filed with the court, it may remain accessible as part of the case record even after the lawsuit ends.

A settlement does not automatically mean every document connected to the case disappears. The treatment of court records after settlement depends on the court’s rules and the circumstances of the case.

If the deposition was never filed with the court, its availability to the public can be much more limited. The attorneys and parties may still retain copies, though.

So, it is helpful to think of a deposition as a permanent piece of your litigation history rather than something that simply vanishes after you leave the deposition room.

Bottom Line

No, personal injury depositions are generally not public records. Because depositions occur outside the courtroom during the discovery phase of a lawsuit, the transcripts remain private between the involved parties and their attorneys. 

However, a deposition can become part of the public record if it is filed as evidence in a court motion or read aloud during a trial, provided there is no protective order in place.

The good news is that privacy protections may be available for sensitive information. 

If you are worried about medical records, financial details, or other personal info  appearing in the public record, talk with your attorney before the deposition.