Deposition (law)

Deposition (law)

A deposition is a formal, out-of-court oral testimony of a witness that is reduced to writing for later use in court or for discovery purposes. It is conducted under oath and involves questioning by lawyers from both sides.

Overview

Depositions are a part of the discovery process in civil procedure before trial. They allow for the exchange of information between the parties and prevent surprises during trial. The witness, also known as the deponent, is usually a party to the case or someone with information relevant to the case.

Procedure

The deposition process begins with a notice of deposition, which informs the deponent of the time and place of the deposition. The deponent is then questioned by the attorney representing the opposing party. The questions and answers are recorded by a court reporter, who then transcribes the testimony into a written document.

Use in Court

Depositions can be used in court for various purposes, such as to impeach a witness's credibility, to refresh a witness's memory, or as substantive evidence. However, the use of depositions in court is subject to certain rules of evidence.

See Also

• Discovery (law)
• Civil procedure
• Court reporter
• Attorney