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Glossary
Fact, expert, and corporate representative depositions, including preparation, objections, transcripts, and designations.
depositions
An apex deposition seeks testimony from a senior executive, subject to a doctrine limiting such depositions absent unique knowledge.
A corporate designee is the individual an organization selects to testify on its behalf about noticed topics, speaking for the entity rather than personally.
A counter-designation identifies additional transcript passages an opposing party wants presented alongside designated testimony.
A court reporter creates the verbatim record of testimony and administers the oath at depositions.
A cross-notice allows a party in a related action to participate in a deposition noticed in another case.
A custodian deposition establishes the authenticity and business record status of documents for admission at trial.
A deponent is the person giving testimony at a deposition, whether a party, non-party witness, expert, or organizational designee.
A deposition is sworn out-of-court testimony taken before trial, recorded by a court reporter for use in motions, settlement evaluation, and at trial.
A deposition by written questions submits prepared questions to a deponent answered under oath before an officer.
A deposition designation identifies transcript passages a party intends to present at trial.
A deposition exhibit is a document marked and identified during a deposition, becoming part of the record.
Deposition location is where the deposition occurs, which affects cost, convenience, and compulsion authority.
Deposition misconduct is conduct that impedes, delays, or frustrates fair examination, subject to sanctions.
A deposition objection preserves an evidentiary challenge for later ruling while the witness generally still answers.
A deposition outline organizes the topics, documents, and objectives for an examination.
Deposition preparation is the process of readying a witness to testify, covering the facts, key documents, question techniques, and demeanor.
A deposition subpoena compels a non-party to appear and give testimony.
A deposition summary condenses transcript testimony into an organized synopsis with citations, used for case analysis and trial preparation.
A deposition transcript is the certified verbatim record of deposition testimony prepared by the court reporter and cited throughout the case.
A discovery deposition is taken to learn information rather than to preserve testimony for trial.
An errata sheet records a deponent's corrections to the transcript, with the reason for each change.
An expert deposition examines a testifying expert's opinions, methodology, materials reviewed, qualifications, and compensation before trial.
A hot documents binder collects the most significant documents for use during a deposition or at trial.
Impeachment by deposition confronts a trial witness with prior deposition testimony contradicting current answers.
An instruction not to answer directs a deponent to refuse a question, permitted only on narrow grounds.
An interpreter translates deposition questions and answers where the deponent does not testify in English.
A motion to terminate or limit a deposition seeks relief where examination is conducted in bad faith or unreasonably oppressively.
A notice of deposition sets the time, place, and method of a deposition and identifies the deponent.
An objection to form challenges how a question is phrased, preserving the issue and inviting rephrasing.
A page-line summary condenses deposition testimony sequentially with page and line citations for each entry.
A perpetuation deposition preserves testimony from a witness who may become unavailable, including before suit is filed.
Read and sign is the deponent's right to review the transcript and sign it, subject to any corrections.
Realtime transcription streams the reporter's translated text to counsel's screen as testimony occurs.
A remote deposition is conducted by videoconference with participants in different locations, now standard practice rather than an exception.
A rough transcript is the reporter's unedited draft provided immediately after a deposition for preparation purposes.
A Rule 30(b)(6) deposition compels an organization to designate witnesses to testify on specified topics using the entity's collective knowledge, not just...
The seven-hour rule limits a deposition to one day of seven hours of testimony absent stipulation or court order.
A speaking objection is an improper objection containing commentary that suggests an answer to the witness.
A topic list is the description of matters for examination in an organizational deposition notice.
A treating physician deposition examines a provider about their care, diagnosis, causation, and prognosis for a claimant.
A trial preservation deposition is taken to be presented at trial rather than to develop information.
Usual stipulations are the customary agreements counsel enter at the start of a deposition regarding objections and procedure.
A video deposition is testimony recorded on video as well as transcribed, allowing the jury to see the witness rather than hear testimony read.
A videographer records deposition testimony on video, operating separately from the court reporter.
Witness coaching is improperly influencing a deponent's testimony during the deposition through signals, conferences, or objections.
Witness preparation readies a deponent to testify accurately, addressing process, substance, and demeanor.
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