What Is Deposition?
A formal interview conducted before trial where a witness answers questions under oath. Depositions are recorded and can be used at trial — either to present a witness's testimony or to impeach them if they change their story.
Quick Answer
A formal interview conducted before trial where a witness answers questions under oath. Depositions are recorded and can be used at trial — either to present a witness's testimony or to impeach them if they change their story.
Full Explanation
A deposition is an out-of-court procedure in which a witness — called a deponent — is questioned under oath by an attorney, and the testimony is recorded. Depositions are part of the discovery process, the pretrial phase where parties gather information and evidence.
Anyone with relevant information can be deposed: parties, witnesses, and experts. The attorney taking the deposition asks questions; the witness answers under oath. The opposing attorney can object to questions (though in a deposition, the witness generally answers even over objection, preserving the objection for trial). The entire proceeding is transcribed by a court reporter, and often video-recorded.
Depositions serve multiple purposes. They preserve testimony from witnesses who may be unavailable at trial. They help lawyers understand what witnesses will say, avoiding surprise. They can be used to impeach a witness who tells a different story at trial ('But at your deposition you said...'). They also help parties evaluate settlement value.
The rules governing depositions are detailed. Under the Federal Rules of Civil Procedure, each side typically gets a limited number of depositions (ten by default), each lasting no longer than seven hours. Courts can modify these limits.
Attorneys cannot coach witnesses during depositions — though 'form' objections are permitted, attorneys cannot instruct witnesses not to answer most questions.
Real-World Example
In a personal injury lawsuit, the plaintiff's lawyer deposes the defendant truck driver about his log books, fatigue, and speed at the time of the accident. The truck driver says he was traveling within the speed limit and well-rested. At trial, the lawyer presents GPS data showing the truck was speeding — and uses the deposition transcript to show the jury the driver gave a false answer under oath.
In civil rights litigation, depositions of government officials can be crucial for establishing what decision-makers knew and when.
Why It Matters for Law Students
Depositions are one of the most important tools in civil litigation. They lock in witness testimony, expose weaknesses in the opposing case, and often drive settlement negotiations. Civil procedure covers the rules governing depositions, and any litigator needs to be skilled at both taking and defending depositions.