What is the legal meaning of deposition?

A deposition is a witness’s sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the “deponent.”

What does definition deposition mean?

1a law : a testifying especially before a court was sworn in before giving his deposition. b : declaration specifically, law : testimony taken down in writing under oath took depositions from the witnesses.

What is the purpose of a legal deposition?

A deposition is the legal term for a formal, recorded, question and answer session which occurs when the witness is under oath. A deposition generally serves two purposes: (1) find out what you know; and (2) preserve your testimony for later use (either in motions to be filed with the Court or at trial).

Do you legally have to give a deposition?

Risks of Refusing a Deposition A deposition is a legally binding event. As such, there are serious risks to refusing to participate. This is especially true when the case involves a subpoena. Refusing to give a deposition could have legal or financial implications, oftentimes both.

What is deposition in simple words?

A deposition is a statement made in court. A deposition can be made outside of court, too — after a crime, a witness might give a deposition. The word deposition is often used in a legal context, but a deposition can also be more like a deposit, as in the deposition of sediment on the bottom of a lake.

What is the legal definition of a deposition?

Deposition Law and Legal Definition Deposition is an out of court sworn testimony of a witness that is reduced in writing for later use in court or for discovery purposes. It is also referred to as examination before trial and is a pre trial procedure. During a deposition a witness is placed under oath and swears to tell the truth.

What happens to a witness during a deposition?

During a deposition a witness is placed under oath and swears to tell the truth. The parties involved in the case will be represented by an attorney and that attorney will have an opportunity to question the witness (referred to as a deponent for deposition purposes).

When is a deposition inadmissible at a trial?

Depositions are usually hearsay and are thus inadmissible at trial. There are, however, three exceptions to the hearsay rule that are particularly relevant to deposition testimony. The first is when a party admits something in a deposition that is against his or her interest.

What are the rules for a civil deposition?

Deposition rules vary by jurisdiction. See State Civil Procedure Rules. In the Federal Rules of Civil Procedure, Rule 30 governs depositions by oral questions and Rule 31 governs depositions by written questions.