Deposition
A deposition is sworn testimony taken outside the courtroom, usually before trial, with questions asked by attorneys and answers recorded by a court reporter or other authorized method. Depositions are part of discovery in many civil cases and may be used to preserve testimony or prepare for trial.
A deposition is sworn testimony taken outside the courtroom, usually before trial, with questions asked by attorneys and answers recorded by a court reporter or other authorized method. Depositions are part of discovery in many civil cases and may be used to preserve testimony or prepare for trial.
Example: In Hickman v. Taylor (1947), the Supreme Court considered discovery practices involving statements and information gathered by counsel after a maritime accident.
Common misconception: A deposition is the same as testimony at trial. It usually occurs before trial and follows discovery rules, though portions may later be used in court under applicable evidence rules.
Sources: https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure; https://www.govinfo.gov/content/pkg/USREPORTS-329/pdf/USREPORTS-329-495.pdf