A deposition is a tool used during the discovery phase of litigation in which each party to the litigation is allowed to question each party and all witnesses under oath. Generally, the deposition is taken at one of the attorney's office. Those usually present at the deposition are the deponent (i.e., the person testifying), the attorneys for each party, the parties to the litigation (if they so choose), and the court reporter. The court reporter administers the oath and types every word spoken during the deposition.
A deposition is much less formal than a trial, yet a deposition is just as important as the testimony given at trial.
The purposes of a deposition are:
- to lock each person's testimony down as what they know, saw, heard, or experienced;
- to determine how the person acquired their knowledge (i.e., did they witness the event, hear about it from someone else, or did their knowledge come from seeing some type of evidence such as a report, letter, etc.);
- to determine whether the person is credible, and their likely demeanor on the witness stand at trial;
- to determine what evidence the person may be in possession of, produced, or saw; and
- to determine if there are other witnesses to the event(s).
Although depositions are a discovery tool, many a case has been won or lost in depositions. They are to be taken serious because the testimony that you give during the deposition will likely be used at trial.
