Deposition

Definition

A Deposition is the extra-judicial testimony of a witness given under oath, with the written record thereof.

Purpose

The purpose of a deposition is to gather sworn testimony from witnesses before a trial begins. This process allows both parties to know what the witnesses will say and to preserve their testimony, which can be used during the trial if the witness is unable to attend or their statements are needed for reference.

Examples of Use

1. Pre-Trial Preparation: Attorneys take depositions of key witnesses to understand their testimony and prepare for cross-examination during the trial.
2. Discovery Process: Depositions are part of the discovery phase in litigation, where both sides gather evidence and build their cases.
3. Record Keeping: In cases where witnesses may not be available for trial, their deposition provides a written and sworn record of their testimony.

Related Terms

• Interrogatories: Written questions submitted by one party to another as part of the discovery process.
• Affidavit: A written statement confirmed by oath or affirmation, used as evidence in court.
• Subpoena: A legal document ordering someone to attend a court proceeding or produce evidence.

Notes

• Depositions are conducted outside of court, typically in attorneys' offices, and are transcribed by a court reporter.
• The deponent (witness) is under oath, and false testimony can lead to charges of perjury.
• Depositions can be used in both civil and criminal cases to gather information and clarify facts.