A discovery deposition explores what a witness knows, using open questions to develop information. It contrasts with a preservation deposition intended for trial presentation.
Its use at trial is generally limited to impeachment or where the witness is unavailable.
Alternative Names:
Fact-Finding Deposition, Investigative Deposition
Why it Matters?
The purposes are frequently conflated to the detriment of both, since exploring broadly produces a rambling record while examining narrowly to lock testimony forecloses discovery. Deciding the purpose before the deposition determines the question style: open and exhaustive for discovery, closed and targeted for preservation. The same deposition can serve both if the phases are separated deliberately.
Frequently Confused with
Related terms
Frequently asked questions
How does examination style differ by purpose?
Can one deposition serve both?
