What is a deposition?
A deposition is a legal process in which a witness is questioned under oath, outside of the courtroom, as part of the pre-trial discovery phase in civil or criminal cases.
Purpose
- Gathering Evidence: Depositions help parties collect information and evidence from witnesses, which can be used in court.
- Witness Testimony: They allow attorneys to assess the credibility and reliability of
Process
- Notice: A party must provide notice to the witness and other parties involved, usually specifying the time and place of the deposition.
- Recording: Depositions are typically recorded by a court reporter or via video to create an official transcript.
- Oath: The witness is placed under oath, affirming that their testimony will be truthful and the consequences if they are not truthful.
- Questioning: Attorneys from both sides have the opportunity to ask the witness questions. The witness responds, and their answers are recorded which can later be used as evidence.
- Objections: Attorneys can object to questions, but the witness must still answer unless instructed not to by the judge.
How are depositions used?
- Trial Preparation: Depositions help shape trial strategies and may influence settlement negotiations.
- Impeachment: Testimony from depositions can be used to challenge a witness’ credibility if their trial testimony differs from what they said during the deposition.
Types of Depositions
- Fact Depositions: Gathering information pertinent to the case
- Expert Depositions: These involve specialists who can offer opinions or specialised insights related to the matter at hand.
