A deposition is oral testimony given under oath outside the courtroom, with counsel for all parties present to examine the witness. Testimony is transcribed and may be video recorded.
Depositions may be taken of parties, non-parties by subpoena, organizations through designated representatives, and experts.
Alternative Names:
Depo, Oral Deposition
Why it Matters?
Depositions are the most information-dense and most expensive form of discovery, and they serve three distinct purposes that call for different approaches: learning facts, locking in testimony for impeachment, and preserving testimony for trial. Conflating them produces poor examinations. A discovery deposition explores broadly, while a deposition taken to pin down a witness asks narrow closed questions and stops.
Frequently Confused with
Related terms
Frequently asked questions
How long can a deposition last?
Can deposition testimony be used at trial?
