Deposition (law)

In law, a deposition is the act or fact of taking sworn testimony of a witness

Related Topics:
Law - Witness

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outside of court, in certain well-defined circumstances.

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It is a part of the discovery process whereby litigants obtain information

Related Topics:
Discovery - Litigant

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from each other in preparation for trial.

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Some jurisdictions recognize an affidavit as a form of deposition.

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In American judicial proceedings, the procedure for taking depositions is set forth in Rule 30 of the Federal Rules of Civil Procedure and corresponding provisions in states which have adopted the Federal Rules. The person to be deposed (questioned), known as the deponent, is usually

Related Topics:
American - Federal Rules of Civil Procedure

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notified to appear at the appropriate time and place by means of a subpoena.

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A court reporter, also known as a stenographic reporter (sometimes denoted

Related Topics:
Court reporter - Stenographic reporter

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"CSR" for Certified Stenographic Reporter) is present and begins the proceedings by

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administering the same oath or affirmation that the deponent would take if the testimony were being

Related Topics:
Oath - Affirmation

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given in court in front of a judge and jury.

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Thereafter, the court reporter makes a verbatim stenographic record of all that is said

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during the deposition, in the same manner that witness testimony is recorded in court.

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Many CSRs nowadays also make a audio recording.

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Attorneys for the non-deposing litigant are often present, although this is not required. The attorney who has ordered the deposition begins questioning of the deponent (this

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questioning is referred to as "direct examination" or "direct" for short).

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Since nods and gestures cannot be recorded, the witness is instructed to answer all

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questions aloud.

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After the direct examination, other attorneys present cross-examine

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the witness.

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The first attorney may ask more questions at the end, in re-direct, which may be

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followed by re-cross.

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During the course of the deposition, one attorney or another may object

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to questions asked. Only two objections are allowed: to assert a privilege and to object to the form of the question asked. Objections to form are frequently, and improperly, used to signal the witness to be careful in answering the question. All other objections, in particular those involving the rules of evidence, are automatically preserved until trial. They need not, and should not, be made at the deposition.

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The chief value of a deposition, as with any discovery proceeding, is to give all

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litigant parties in a contested case a fair preview of the evidence so that a

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"level playing field" is achieved and surprise (traditionally regarded as an unfair

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tactic) is avoided at time of trial.

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Another benefit of deposition is to preserve a witness's recollection while it is

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still fresh, though the trial may still be some time off.

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In the event a witness dies or is otherwise unavailable for trial, his deposition

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testimony may be read before the jury and made part of the record in the case in lieu of testimony.

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Some depositions are videotaped, in anticipation of the unavailability of a witness

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at trial, so that if necessary the videotape may be played for judge and jury.

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Sometimes, after a number of witnesses have been deposed, the parties will have enough

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information that they can reasonably predict the outcome of a prospective trial,

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and may decide to arrive at a compromise settlement, thus avoiding trial and

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preventing additional costs of litigation.

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