A deposition is sworn out-of-court testimony taken before trial as part of discovery.
Deposition means sworn out-of-court testimony taken before trial as part of discovery.
Depositions let each side question a witness under oath before trial. They help parties understand what a witness knows, preserve testimony, assess credibility, and test the factual strength of the case.
The term matters because many readers hear the word deposition and think it is the same as trial testimony. It is not. A deposition usually happens earlier, in a more limited setting, and as part of the broader discovery process.
Depositions appear in civil litigation and sometimes in other formal proceedings where discovery is available. They often involve parties, fact witnesses, or experts.
In a business dispute, a former employee sits for a deposition and answers questions about contract negotiations, internal emails, and who knew what at the time of the alleged breach.
A deposition is different from discovery because it is only one discovery tool. It is also different from trial testimony, which happens in court before the judge or jury rather than in a pretrial setting.