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Deposition
Practical Law Glossary Item 8-519-7525 (Approx. 2 pages)
Glossary
Deposition
Out-of-court testimony a witness gives under oath before an officer authorized to administer oaths for use later in the proceeding. Depositions may be taken by:
- Oral examination, where the witness's answers to the deposing attorney's questions are recorded and often transcribed.
- Written questions, where the witness answers prepared questions in writing and attests to the truth of the answers.
A party may use deposition testimony:
- In support of (or in opposition to) a summary judgment motion at the end of discovery.
- To negotiate a favorable settlement before trial.
- At a hearing or trial under certain circumstances, such as to impeach the witness or to substitute for live testimony if the witness has died or is otherwise unavailable to testify in person.