Simple English definitions for legal terms
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A deponent is someone who gives sworn testimony outside of court during the discovery process. This can be a party to the case, a witness, or anyone with knowledge of the facts. They are asked questions and their answers are recorded in a written transcript. The deponent's attendance can be compelled by subpoena. Their statements are made under oath and can be used to prove perjury if they later change their testimony at trial. The deposition is conducted by lawyers representing each party, and the deponent may have their own lawyer present to object to certain questions. A similar term is an affiant, who swears to a written declaration called an affidavit. The process is guided by rules under the Federal Rules of Civil and Criminal Procedure.
A deponent is a person who gives sworn testimony outside of court during the discovery process. This testimony is usually taken as an oral statement and later transcribed into a written document. The deponent can be anyone with knowledge of the facts relating to the case, including a party to the case, a witness, or an employee of a company being sued.
For example, if a company is being sued, an employee of the company could be the deponent. The deponent's attendance may be compelled by subpoena. During the deposition, the deponent is asked questions or asked to describe events. The testimony is typically reduced to a written transcript for later use in court or for discovery purposes.
Because the deponent's statements are made under oath, they can be helpful to prove perjury if the deponent later testifies at trial and changes the testimony from that given at the deposition. Depositions are conducted outside court by the lawyers representing each party in the case, and there is no judge present to supervise the deposition. The deponent will often have his or her own lawyer present at the deposition.
A deponent can produce a deposition under different procedures of both civil law and criminal law. The main rules that guide the process of taking a deposition from a deponent in federal cases are Rule 30 and Rule 31 under the Federal Rules of Civil Procedure as well as Rule 15 of the Federal Rules of Criminal Procedure.
Overall, a deponent is an important part of the discovery process in legal cases, providing valuable testimony that can be used in court.