Deposition

– An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.

Lawyer Advertising Toll Free Numbers

Additional Sources

Duhaime Legal Dictionary

In the USA, a deposition refers to an examination under oath before a stenographer or a Court reporter (but not a judge), akin to the Canadian examination for discovery, at which the questioning party is allowed great latitude and gets to question witnesses on essential elements of the evidence.

As modern society became more sophisticated during the early years of the 1900s, judges began to notice that cases were run by ambush, with the defendant not fully aware of the plaintiff's case before trial, and the plaintiff not always aware of the defendants position before trial. In many cases, the matter could have been settled before trial had that knowledge been compellable. Thus, in a controlled manner, litigants are now obliged to present their case to the other side not only in pleadings but also challenged by way of questioning at a pretrial, but under oath cross-examination session known as a deposition.

The cost of a deposition will vary depending on the length of the deposition as a litigant will pay for both the reporter's time and, if so ordered, a copy of the transcript, which usually runs on a per page rate.

Just like the transcript of an examination for discovery in Canada, a deposition transcript, once trial has started, is useful only in the event that a witness changes his story, in which case, the attorney may challenge the witness' credibility by contrasting his evidence at trial with the deposition transcript.

FindLaw

A statement that is made under oath by a party or witness (as an expert) in response to oral examination or written questions and that is recorded by an authorized officer (as a court reporter).

Law.com Dictionary

The taking and recording of testimony of a witness under oath before a court reporter in a place away from the courtroom before trial. A deposition is part of permitted pre-trial discovery (investigation), set up by an attorney for one of the parties to a lawsuit demanding the sworn testimony of the opposing party (defendant or plaintiff), a witness to an event, or an expert intended to be called at trial by the opposition. If the person requested to testify (deponent) is a party to the lawsuit or someone who works for an involved party, notice of time and place of the deposition can be given to the other side's attorney, but if the witness is an independent third party, a subpena must be served on him/her if he/she is reluctant to testify. The testimony is taken down by the court reporter, who will prepare a transcript if requested and paid for, which assists in trial preparation and can be used in trial either to contradict (impeach) or refresh the memory of the witness, or be read into the record if the witness is not available.

Lect Law Library

DEPOSITION - The sworn testimony of a witness taken before trial held out of court with no judge present. The witness is placed under oath to tell the truth and lawyers for each party may ask questions. The questions and answers are recorded. When a person is unavailable to testify at trial, the deposition of that person may be used. Part of the pre-trial discovery (fact-finding) process.

The testimony of a witness reduced to writing in due form of law, taken by virtue of a commission or other authority of a competent tribunal.

Before it is taken, the witness ought to be sworn or affirmed to declare the truth, the whole truth, and nothing but the truth. It should properly be written by the commissioner appointed to take it, or by the witness himself or by one not interested in the matter in dispute, who is properly authorized by the commissioner. It ought to answer all the interrogatories, and be signed by the witness, when he can write, and by the commissioner. When the witness cannot write, it ought to be so stated, and he should make his mark or cross.

Legal-Dictionary.org

A pre-trial statement given under oath in front of a court reporter, but without a judge present. A deposition can be used as evidence in a trial.

The Free (Legal) Dictionary

The testimony of a party or witness in a civil or criminal proceeding taken before trial, usually in an attorney's office.

Deposition testimony is taken orally, with an attorney asking questions and the deponent (the individual being questioned) answering while a court reporter or tape recorder (or sometimes both) records the testimony. Deposition testimony

is generally taken under oath, and the court reporter and the deponent often sign affidavits attesting to the accuracy of the subsequent printed transcript.

Depositions are a discovery tool. (Discovery is the process of assembling the testimonial and documentary evidence in a case before trial.) Other forms of discovery include interrogatories (written questions that are provided to a party and require written answers) and requests for production of documents.

Depositions are commonly used in civil litigation (suits for money damages or equitable relief); they are not commonly used in criminal proceedings (actions by a government entity seeking fines or imprisonment). A minority of states provide for depositions in criminal matters under special circumstances, such as to compel statements from an uncooperative witness and a few provide for depositions in criminal matters generally.

Before a deposition takes place, the deponent must be given adequate notice as to its time and place. Five days' notice is usually sufficient, but local rules may vary. Persons who are witnesses but not parties to the lawsuit must also be served with a subpoena (a command to appear and give testimony, backed by the authority of the court).

Depositions commonly take place after the exchange of interrogatories and requests for production of documents, because the evidence obtained from the latter often provides foundation for the questions posed to the deponent. Any documents, photographs, or other evidence referred to during the deposition is marked and numbered as exhibits for the deposition, and the court reporter attaches copies of these exhibits to the subsequent deposition transcript. Generally, at the outset of the deposition, the court reporter, who is often also a Notary Public, leads the deponent through an oath that the testimony that will be given will be true and correct.

Wikipedia

In law, a deposition is witness's out of court testimony that is reduced to writing for later use in court or for discovery purposes Black's Law Dictionary. In many countries, depositions are given in courtrooms. In the United States, they are usually taken elsewhere. In the United States, it is taken during an examination before trial, a part of the discovery process in which litigants gather information in preparation for trial. Some jurisdictions recognize an affidavit as a form of deposition.