what is a deposition in law

A deposition in law is the taking of an oral statement of a witness under oath, before trial, that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are almost always conducted outside court by the lawyers themselves, with no judge present to supervise the examination. They are commonly used in litigation in the United States and Canada. Depositions are part of the discovery process by which parties gather facts and information so they can be better prepared at trial to present their claims and defenses. During a deposition, the witness is placed under oath, and each party is given an opportunity to ask questions and obtain answers about the issues that are raised in the case. Depositions usually take place in an attorneys office, not in a courtroom, and are recorded by a certified court reporter who prepares a transcript. The purpose of a deposition is to find out what the witness knows and to preserve that witness' testimony. Depositions can be used to perpetuate the testimony of a witness, that is, preserve their testimony for trial. Depositions are usually hearsay and are thus inadmissible at trial, but there are exceptions to the hearsay rule that are particularly relevant to deposition testimony.