What is a deposition?
A deposition is sworn testimony taken outside court, before trial, where a witness answers questions under oath.
A deposition is sworn out-of-court testimony recorded for later use.
Where the word "Deposition" comes from
Deposition comes from the Latin deponere, to lay down or testify. It is a cornerstone of discovery, letting attorneys question witnesses and parties under oath, with a transcript that can be used at trial if the witness is unavailable or contradicts themselves.
Why Deposition matters
It locks in testimony, reveals weaknesses, and often drives settlement. Because the witness testifies under penalty of perjury, a deposition creates a record that is hard to change, which is why preparation is essential.
Common confusion about Deposition
A deposition is not a trial appearance. It happens in an office, not a courtroom, and the judge is not present, but the testimony is still sworn and can be used in court, so treating it casually is a serious mistake.
A real-world example of Deposition
In a car accident case, the injured driver's attorney takes the deposition of the defendant driver, asking about speed, phone use, and the conditions at the time, with a court reporter recording the answers.
A worked example of Deposition
A witness to a workplace injury testifies at a deposition that the machine guard was missing. At trial, the witness changes the story and says the guard was present. The defendant's attorney uses the deposition transcript to impeach the witness, because prior sworn testimony that contradicts trial testimony is powerful evidence. The deposition's accuracy and completeness directly affect the trial, which is why both sides prepare witnesses extensively.
How Deposition works in practice
If you are giving a deposition, listen carefully, answer only the question asked, and tell the truth, because the transcript is binding and evasive answers can be used against you. If you are taking a deposition, prepare a thorough outline and pin down specifics, because vague answers are hard to use later. Review and correct the transcript promptly if errors appear, since the court reporter's record controls.
Questions about Deposition
Is a deposition public?
The transcript can become part of the record.
Do I need a lawyer there?
Yes — your lawyer should be present to object and protect you.
Can it be used at trial?
Yes, if the witness is unavailable or contradicts it.
Are depositions recorded?
Usually by a court reporter or video.