56. deposition

What is a Deposition?

A deposition is a formal pre-trial procedure where a witness or party provides sworn testimony under oath outside of court. It is a key part of the discovery process in civil and criminal cases. The testimony is recorded and can be used as evidence during the trial.

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Key Aspects of a Deposition:

1. Sworn Testimony – The deponent (person being questioned) gives answers under oath, just as they would in court.

2. Conducted Outside the Courtroom – Usually takes place in a law office, but can also occur remotely via video conferencing.

3. Recorded for Use in Trial – The testimony is transcribed by a court reporter and can be used as evidence or to impeach a witness’s credibility later.

4. Part of the Discovery Process – Helps both sides gather information and prepare their legal strategies.

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Who is Involved in a Deposition?

• Deponent – The witness or party giving testimony.

• Attorneys – Lawyers from both sides ask questions.

• Court Reporter – A stenographer who records everything said during the deposition.

• Videographer (Optional) – Some depositions are recorded on video.

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Why Are Depositions Important?

• Gathering Evidence – Helps lawyers understand what witnesses know.

• Preventing Surprises in Court – Ensures both sides are aware of the testimony beforehand.

• Impeaching Witnesses – If a witness changes their story at trial, their deposition can be used to challenge their credibility.

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Deposition Example:

• In a personal injury lawsuit, the injured party might be deposed to explain how the accident occurred.

• In a criminal case, a key witness might be deposed before trial to ensure their testimony is consistent.

A deposition is a critical legal tool used to uncover facts, preserve testimony, and prepare for trial effectively.

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Reference

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1. Legal Information Institute (LII) – Deposition

• URL: https://www.law.cornell.edu/wex/deposition

• Explanation: This page provides a comprehensive overview of depositions, including their definition, purpose, and role in the discovery process.

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2. FindLaw – What Is a Deposition?

• URL: https://www.findlaw.com/litigation/filing-a-lawsuit/what-is-a-deposition.html

• Explanation: This article explains the concept of a deposition, detailing its purpose in the discovery phase of a lawsuit and how it is conducted.

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3. Investopedia – Deposition

• URL: https://www.investopedia.com/terms/d/deposition.asp

• Explanation: This resource offers a detailed definition of a deposition, including its role in legal proceedings and the process involved.

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4. University of Washington School of Law – Preparing for a Deposition

• URL: https://www.law.uw.edu/news-events/news/2022/preparing-for-a-deposition/

• Explanation: This article provides guidance on how to prepare for a deposition, including tips for both attorneys and witnesses.

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5. US Legal Support – Guide to the Deposition Process

• URL: https://www.uslegalsupport.com/blog/a-guide-to-the-deposition-process/

• Explanation: This guide outlines the deposition process, including its purpose, how it fits into the discovery phase, and what to expect during a deposition.

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