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Quick answer: A deposition is sworn testimony taken out of court, usually in a conference room, recorded by a court reporter and often on video. Opposing counsel asks questions and your answers carry the same weight as testimony at trial. In residential solar disputes the questioning almost always concentrates on the same ground: what you were actually told at the point of sale, what you read before signing, what you understood the numbers to mean, and how the system has performed. The single most important preparation is spending real time with your own attorney beforehand. Nothing on this page substitutes for that.
What a deposition actually is
A deposition is part of discovery, the stage where each side gathers evidence before trial. You answer questions under oath, a court reporter produces a written transcript, and the session is frequently recorded on video.
It usually takes place in a conference room rather than a courtroom. There is no judge present. Your attorney sits with you. Opposing counsel asks the questions, and your attorney may object. Though in most cases you will still answer, with the objection preserved for later.
Treat it as seriously as trial testimony, because it largely is. The transcript can be used to contradict you if you say something different later. A great many cases are effectively decided at deposition rather than at trial, because the testimony shapes what each side believes it can prove and therefore what it will settle for.
Being deposed does not mean you have done anything wrong. In a solar dispute the homeowner is usually the plaintiff, and being deposed is a routine part of pursuing your own claim.
What they will ask about
Solar depositions are unusually predictable, because the defence is generally trying to establish a small number of things: that you were given the documents, that you had an opportunity to read them, and that what you now describe as a promise was really a projection.
The sales encounter. Who came, when, how long they stayed, who else was present, what was shown on screen or paper, and what was said. Expect considerable detail here.
What you read before signing. Whether you read the contract, how long you had it, whether you asked questions, whether you were told you could take time. This line of questioning is aimed directly at any misrepresentation claim.
The numbers. What you understood about savings, the payment amount and whether it could change, the dealer fee, and any tax credit you expected. Precision matters and so does the distinction between what you were told and what you assumed.
System performance. Production versus what was projected, your electric bills before and after, and what you reported to the company and when.
Your damages. What you say you lost and how you calculate it.
The rules that protect you
These are standard and your attorney will go through them properly. Knowing them in advance makes the preparation session more productive.
"I don't know" and "I don't remember" are complete answers when they are true. Guessing is what causes problems, because a guess that turns out wrong looks like an inconsistency later.
Answer only what was asked. Then stop. Silence after your answer is a technique; it is not your job to fill it.
Ask for clarification if a question is unclear or compound. You are entitled to understand what you are answering.
You may take breaks. Depositions are tiring and fatigue produces careless answers.
Wait for your attorney to object before answering, and pause briefly after each question to allow it.
Correct yourself if you realise you erred. Doing so immediately is far better than leaving it and being confronted with it later.
Mistakes that damage solar cases
Overstating what was promised. If the representative said your bill would "go way down" and you testify they guaranteed elimination of your bill, the transcript will be used against you. Say exactly what was said, as closely as you can recall. Understating slightly is safer than embellishing.
Claiming you read nothing. Tempting, and usually contradicted by your own signature and initials. It is generally more credible and more accurate to say what actually happened: you were walked through an electronic signing packet quickly, initialling where directed.
Arguing with opposing counsel. They are not the audience. Composure reads well on video; irritation does not.
Speculating about documents you have not seen. Ask to see the document, then answer about what is in front of you.
Discussing your testimony publicly. Do not post about the case. Opposing counsel may well have your social media.
The most damaging answers in solar cases are usually the confidently wrong ones. Homeowners want to be helpful and want to be believed, so they fill gaps in memory with what seems reasonable. A single confident answer later shown to be inaccurate can undermine the parts of your account that were entirely correct.
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How to prepare
1. Meet your attorney properly, more than once if offered. This is the preparation that matters. Everything else supports it.
2. Re-read your own documents. Contract, proposal, savings projection, truth-in-lending disclosure, and your written communications. You will be asked about them and you should not be seeing them for the first time.
3. Build a timeline for yourself. Dates of the sales visit, signing, installation, permission to operate, first bill, first complaint. Reviewing a clear chronology beforehand makes recall far more reliable.
4. Separate what you were told from what you concluded. This distinction runs through the whole deposition and is worth thinking about in advance.
5. Gather production data. Monitoring records against guaranteed figures, and utility bills either side of installation. Our guide to production shortfall calculations may help you understand your own numbers.
6. Sleep, eat, and do not over-rehearse. Memorised-sounding answers undermine credibility.
On the day
Arrive early. Dress as you would for an appointment that matters. Bring only what your attorney tells you to bring. Documents you carry in may become exhibits.
Listen to the whole question before answering. Pause. Answer. Stop. If you need a break, say so. If you do not understand, say so. If you do not know, say so.
Ask your attorney afterwards about reviewing the transcript. Depending on the rules that apply, you may have an opportunity to review it and note corrections within a set period. Errors in a transcript are much easier to address then than at trial.
Finally: if you are at the deposition stage without an attorney, stop and get one. This is not a stage to navigate alone, and most consumer-rights attorneys handling solar disputes offer an initial consultation at no cost. Find a solar contract attorney →
If you are heading toward a deposition without representation, getting matched with a solar exit company is one place to start. Free, no obligation.
Frequently Asked Questions
What is a deposition in a solar lawsuit?
It is sworn testimony taken out of court during discovery, usually in a conference room with a court reporter and often on video. Opposing counsel asks questions and your answers carry the same weight as trial testimony. No judge is present, and your own attorney sits with you and may object while the objection is preserved.
What will they ask me about in a solar deposition?
Almost always the same ground: the sales encounter and what was said, what you read before signing and how long you had, what you understood about savings and payments and any tax credit, how the system has performed against projections, and how you calculate your damages. The questioning is aimed at whether a promise or a projection was made.
Can I say I don't remember in a deposition?
Yes, when it is true. It is a complete and proper answer. The serious risk is guessing, because a confident answer later shown to be inaccurate can undermine the parts of your account that were correct. Answer only what is asked, then stop, and correct yourself immediately if you realise you have erred.
Should I say I never read the solar contract?
Discuss this with your attorney rather than deciding in advance, but be aware that claiming you read nothing is usually contradicted by your own signature and initials. It is generally more credible and more accurate to describe what actually happened, such as being walked quickly through an electronic signing packet and initialling where directed.
Do I need a lawyer for a deposition?
Yes. If you have been noticed for a deposition in a solar case and are not represented, obtain counsel before it takes place. Preparation with your own attorney is the single most important factor, and most consumer-rights attorneys handling solar disputes offer an initial consultation at no cost.
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Disclaimer, Not Legal Advice: This article is informational only and is not legal advice. Deposition procedure differs between state and federal courts and between jurisdictions, and your attorney's instructions always take precedence over this page. Rules vary by state and by contract. Results vary by individual situation. We do not advise homeowners to stop making payments or breach contractual obligations. Anyone considering action should consult your own attorney, whose specific instructions govern over any general guidance here first. See our Ownership Disclosure, Advertiser Disclosure, and Methodology.