Deposition

A deposition is sworn testimony taken outside court, usually during discovery, and recorded for possible use in litigation.

Notice of Deposition: A formal notice specifying when, where, and how a deposition will take place. The notice tells parties when the witness must appear and what arrangements are required.
Discovery (law): The pretrial process through which parties obtain relevant information from one another. Depositions are one discovery method for gathering sworn evidence before trial.
Trial testimony: Evidence given by a witness under oath during a court trial. Trial testimony occurs before the fact-finder, unlike the usual out-of-court deposition.
Perjury: The crime of knowingly making a materially false statement under oath in a legally authorized proceeding. A witness who knowingly lies during a deposition may face perjury consequences.
Oath: A solemn promise to tell the truth, often administered before testimony. A deposition witness gives testimony under oath, making deliberate falsehood subject to penalties.
Interrogatories: Written questions that one party serves on another, which must be answered under oath. Unlike live deposition questioning, interrogatories usually provide no immediate follow-up questions.
Affidavit: A written statement confirmed under oath or affirmation, typically without live questioning. An affidavit records sworn assertions, while a deposition allows opposing counsel to ask questions.
Witness preparation: The process of helping a witness understand procedures and prepare to testify truthfully. Preparation helps witnesses answer accurately without coaching them to give a particular account.
Court reporter: A professional who creates a verbatim record of legal proceedings using specialized shorthand or recording technology. The reporter produces the transcript that preserves the witness’s answers and objections.
Summary judgment: A court ruling that resolves a claim or issue without a trial when no material factual dispute requires one. Deposition testimony can support or oppose a motion by establishing what facts are genuinely disputed.

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