Deposition

What is a Deposition?

A deposition is an out-of-court sworn testimony session in which a witness answers questions posed by the opposing party’s attorney, typically recorded by a court reporter. This process is conducted to obtain an official account of events. It could be held in an attorney’s office or another neutral location, where the witness provides oral answers to questions posed by attorneys under oath. This testimony is recorded verbatim by a court reporter and can be used as evidence during the trial phase of a case.

According to the American Bar Association, “A deposition is a vital part of the discovery process and can often help attorneys assess the strength of their case.” Because of their role in the pre-trial discovery process, depositions importantly allow attorneys to gather information, assess the credibility of witnesses, and preserve testimony that may be used later in court. This process helps streamline trials by establishing facts and narrowing issues in dispute before the trial begins, potentially facilitating settlements or shaping trial strategies.

Depositions can be time-consuming and expensive, especially if multiple witnesses are involved or if the deposition takes place in a distant location. For example, in civil litigation, depositions can cover a wide range of topics, from personal knowledge about events related to the case to technical details provided by expert witnesses. As such, the process could be lengthy to sort through all of the evidence. However, depositions provide attorneys with a comprehensive understanding of the case and help to ensure that all relevant information is disclosed in a structured and formal manner.