A deposition is a witnesss sworn out-of-court testimony, given under oath and recorded by a certified court reporter or through video recording. It is part of the discovery process in a civil lawsuit, where parties gather facts and information to better prepare for trial and present their claims and defenses. The main purposes of a deposition are to gather information, preserve the witness's testimony, and potentially lead to the discovery of relevant documents or other evidence.
During a deposition, the witness, also called the "deponent," is asked a series of questions by the attorneys representing the parties involved in the case. The deposition can involve key witnesses, the plaintiff, or the defendant, and all parties in the case are usually permitted to attend. The questions asked during a deposition can cover a wide range of topics, and there are usually few limits on the types of questions that can be asked.
Depositions typically take place in the offices of one of the lawyers involved in the case, and each party is given an opportunity to ask questions and obtain answers about the issues raised in the case. The length of a deposition is usually a maximum of seven hours, but most depositions actually last less than that. The time and expense of depositions can involve whole workdays for the parties involved.
Depositions are usually considered hearsay and are inadmissible at trial. However, there are 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 their interest. The second is when a witness's testimony is inconsistent with their trial testimony, and the third is when a witness is unavailable to testify at trial.
