What is Deposition?
Sworn, out-of-court testimony given by a witness or party that is recorded for later use in court proceedings. Depositions are a key part of the discovery process.
Understanding Deposition
During a deposition, attorneys ask questions while a court reporter records the testimony. The witness is under oath, and the testimony can be used at trial to impeach the witness or as evidence if the witness is unavailable. Video depositions are increasingly common.
Examples
- 1Plaintiff describing the accident and injuries
- 2Expert witness explaining medical conditions
- 3Defendant being questioned about their actions
Related Terms
Discovery
The pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through various methods including interrogatories, depositions, and requests for documents.
Statute of Limitations
A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.
Settlement
An agreement between parties to resolve a legal dispute without going to trial. Settlements typically involve the defendant paying the plaintiff an agreed-upon sum in exchange for dropping the lawsuit.
Demand Letter
A formal letter sent to an insurance company or opposing party outlining the facts of the case, injuries sustained, and the amount of compensation being sought.
Motion
A formal request made to a court asking the judge to make a specific ruling or order on a particular issue in a case.
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