Legal Dictionary
Deposition
Definition
The process of giving sworn evidence.
Deep Dive
A deposition is a formal, out-of-court procedure in which a witness gives sworn testimony under oath before a court reporter and/or video recorder, prior to a trial. It is a crucial component of the discovery phase in litigation, allowing attorneys for all parties to question witnesses, gather information, and assess the credibility and demeanor of potential trial witnesses. Unlike trial testimony, a deposition typically takes place in an attorney's office or another neutral location, rather than a courtroom.
Examples & Use Cases
- 1An eyewitness to a hit-and-run accident gives a deposition to attorneys representing both the plaintiff and the defendant, detailing what they observed.
- 2The CEO of a tech startup provides a deposition in a patent infringement lawsuit, explaining the development process of their contested product.
- 3A medical expert is deposed by the defense attorney in a medical malpractice case, outlining their professional opinion on the plaintiff's injuries and treatment.
Related Terms
DiscoveryTestimonyCross-ExaminationAffidavit