What is a Deposition in Law
A deposition is pre-trial testimony given under oath by a witness or party, recorded for use as evidence during legal proceedings.
A deposition is a formal legal procedure in which a witness or party to a lawsuit gives sworn, out-of-court testimony that is recorded by a court reporter. Depositions take place during the discovery phase of civil litigation and are a critical tool for attorneys to gather facts, assess witness credibility, and build or undermine a case before it goes to trial.
How a Deposition Works
- Notice or subpoena — The party requesting the deposition notifies the other side or serves a subpoena on a third-party witness
- The session — Attorneys from all sides are present; one attorney questions the witness ("deponent") while others may object or ask follow-up questions
- Oath — The witness swears or affirms to tell the truth under penalty of perjury
- Court reporter — A certified court reporter transcribes every word spoken
- Transcript — The witness may review and correct the transcript; the deposition becomes part of the case record
Who Can Be Deposed
- Parties to the lawsuit (plaintiffs, defendants)
- Fact witnesses — People with knowledge of relevant events
- Expert witnesses — Experts retained by either side
- Corporate representatives — "30(b)(6) depositions" require a company to designate a representative to testify on its behalf
Purpose of Depositions
- Preserve testimony — Especially important if a witness might not be available at trial
- Discover facts — Learn what the witness knows before trial
- Lock in testimony — Statements made at deposition can be used to challenge contradictory trial testimony (impeachment)
- Evaluate witnesses — Assess how well a witness will perform on the stand
Deposition vs. Interrogatory
- A deposition is live, spoken testimony with the ability for follow-up questions
- An interrogatory is a written set of questions answered in writing under oath; no follow-up is possible
Admissibility at Trial
Deposition transcripts and recordings can be used at trial to:
- Impeach a witness who changes their story
- Present testimony from a witness unavailable for trial (deceased, ill, out of jurisdiction)
- Read into evidence as party admissions