A deposition document is a legal record of a witness's out-of-court testimony under oath. It's created during a deposition, which is a formal Q&A session that's part of the discovery phase of a lawsuit. Here's a breakdown of depositions and the documents they produce:
What is a Deposition?
Conducted by attorneys before a trial.
Witness (called the deponent) testifies under oath, answering questions from one or more attorneys.
A court reporter or videographer records the testimony verbatim (word-for-word).
The Deposition Document:
Transcript created from the recording by the court reporter.
Includes the deponent's answers, the attorney's questions, and any objections raised.
Reviewed by the deponent for accuracy and signed.
Can be used for various purposes, including:
Identifying strengths and weaknesses of a case.
Refreshing a witness's memory before trial.
Impeaching a witness's credibility at trial if their testimony contradicts their deposition.
Types of Depositions:
Oral deposition: The most common type, with attorneys asking questions directly.
Written deposition: Less frequent, uses written questions submitted in advance.
Involvement in a Deposition:
If you're a witness, an attorney may subpoena you to attend a deposition.
You have the right to legal counsel who can advise you during the deposition.
For further information on depositions, you can consult with an attorney or legal resources online.