Deposition

What Is a Deposition? A deposition is a discovery tool used in civil and criminal litigation where a witness provides sworn testimony outside of the courtroom, typically in an attorney's office. The testimony is recorded by a court reporter and can be used at trial for impeachment, to preserve testimony, or as evidence if the witness becomes unavailable. ## How Depositions Work - The deposing attorney asks questions under oath - The witness (deponent) answers while a court reporter transcribes the proceedings - Opposing counsel may object to questions, but the witness generally must still answer - Video depositions are increasingly common and may be played at trial - Depositions can last several hours or, in complex cases, multiple days ## Strategic Importance Depositions serve multiple purposes in litigation: they allow attorneys to assess witness credibility, discover facts and evidence, pin down testimony before trial, and evaluate the strength of the opposing side's case. Deposition testimony can be used to impeach a witness who changes their story at trial. Effective deposition preparation is critical, as statements made under oath carry the same legal weight as trial testimony.