Legal Definitions - commission to take a deposition

A commission to take a deposition is a formal, written order issued by a court that authorizes a designated individual—who is not a judge—to administer an oath and record the testimony of a witness outside of a courtroom setting. This legal tool is typically used when a witness cannot or should not appear in person for a trial or hearing, often due to geographical distance, illness, or other practical constraints. The individual authorized by the commission then conducts the deposition, ensuring the testimony is taken under oath and properly documented, much like it would be in court.

Here are some examples:

• International Witness: A company in the U.S. is suing a former employee for intellectual property theft. A critical witness, who now lives in Germany, possesses key information. Due to the expense and logistical challenges of international travel, the witness cannot easily come to the U.S. for a deposition or trial.

  Illustration: The U.S. court issues a commission to take a deposition. This formal order authorizes a qualified legal professional in Germany (e.g., a German attorney or a U.S. consular official) to administer an oath to the witness and record their testimony in Germany. This ensures the witness's crucial evidence is obtained legally and can be used in the U.S. court proceedings, even though the witness never physically appeared in the U.S. court.

• Illness or Disability: In a personal injury lawsuit, the plaintiff's elderly neighbor witnessed the accident. However, the neighbor has since become bedridden due to a serious illness and cannot leave their home to attend a deposition at a law office or courthouse.

  Illustration: The court grants a request for a commission to take a deposition. This commission formally empowers a local notary public or a designated attorney to visit the neighbor's home, administer the oath, and record their testimony there. This allows the neighbor's vital eyewitness account to be legally captured and presented as evidence in the case, accommodating their health limitations.

• Expert Witness Scheduling: A complex environmental lawsuit requires testimony from a highly specialized scientist who is frequently traveling for research and has a very limited schedule. The trial date is fixed, but the scientist's availability for an in-person deposition at a standard location is extremely difficult to coordinate.

  Illustration: To ensure the expert's testimony is secured, the court issues a commission to take a deposition. This commission authorizes a certified court reporter, perhaps accompanied by attorneys from both sides, to travel to the scientist's university lab or another convenient location on a specific date to conduct the deposition. The commission ensures the testimony is taken under oath and properly transcribed, allowing the court to receive the expert's crucial insights without disrupting their demanding professional schedule.