Define: Deposition

An important tool used in pretrial discovery where one party questions the other party or a witness in the case. Often conducted in an attorney’s office, a deposition requires that all questions be answered under oath and be recorded by a court reporter, who creates a deposition transcript. Increasingly, depositions are being videotaped. Any deponent may be represented by an attorney. At trial, deposition testimony can be used to cast doubt on (impeach) a witness’s contradictory testimony or to refresh the memory of a suddenly forgetful witness. If a deposed witness is unavailable when the trial takes place — for example, if he or she has died — the deposition may be read to the jury in place of live testimony.

A deposition is part of the pre-trial investigation where each party has the right to take an oral statement from a witness under oath before the trial. The deposition is done by opposing legal counsel so they can discover evidence prior to the trial. Information gathered at the deposition can be presented later in court. The intent of the deposition is to learn all of the facts before the trial.

Experts suggest there is no reason to “prepare” for a deposition. Do not read documents or other material but rely entirely on materials provided by your lawyer. It is also not a good idea to discuss your case with anyone other than your lawyer. For your deposition, you should give an accurate, clear and believable account of your accident and the facts surrounding your case, be prepared and be a believable witness.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.