What is a Deposition?

  • Jun 18 2019

Like most people, you may have never before been involved in litigation. It’s understandable you’ll have questions and, perhaps, some apprehension. A deposition, or examination before trial, is a pre-trial legal procedure in a lawsuit. The attorney for one party questions the other party, or a non-party witness, under oath regarding issues relevant to the case. All questions and answers and other words spoken are recorded by a stenographer on a stenographic machine and transcribed into a written document, the ‘transcript’.

The attorney who is questioning a party or a witness attempts to learn everything he or she can about the case in an effort to support the claims being made by his or her client.  The party being questioned –deposed – is accompanied by his or her own attorney to protect that party’s legal rights. Court rules require depositions to be conducted with civility.  This infographic covers some general rules governing a witness’ conduct at a deposition.

Ask the lawyer, what is deposition?

A deposition is conducted before trial to assist the parties and their attorneys in settlement negotiations.

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