Deposition
Sworn, recorded testimony given by a witness outside of court, typically in a lawyer's office.
A deposition is a formal interview where a witness answers questions under oath, with a court reporter recording every word. It takes place outside of the courtroom, usually in a lawyer’s office, during the discovery phase of a lawsuit.
Both sides’ lawyers are typically present. The attorney who requested the deposition asks questions, and the opposing attorney can object to questions or ask follow-up questions. The witness is required to answer truthfully, just as they would in court.
Why it matters: Depositions help lawyers learn what a witness knows before trial. The recorded testimony can also be used later at trial – for example, to challenge a witness who changes their story. If you are called for a deposition, you are legally required to appear and answer questions honestly.
Example: In a personal injury lawsuit, the defendant’s lawyer takes the plaintiff’s deposition, asking detailed questions about the accident, the injuries, and the medical treatment received. The plaintiff answers under oath, and a court reporter creates a written transcript.
The discovery phase of civil lawsuits and sometimes criminal cases