Legal Definitions - depose

In a legal context, the term depose primarily refers to the act of formally questioning a person under oath outside of a courtroom. This questioning takes place during a pre-trial legal procedure known as a deposition. The individual being questioned, often a witness or a party involved in a lawsuit, provides sworn testimony that is typically recorded by a court reporter and sometimes by video.

The main purpose of deposing someone is to gather information, discover facts, and preserve testimony before a trial. It allows attorneys to understand the witness's knowledge, assess their credibility, and identify potential evidence relevant to the case.

• Example 1 (Personal Injury Lawsuit): In a lawsuit following a car accident, the attorney for the injured driver decides to depose the other driver involved. During this process, the attorney will ask detailed questions about the accident's circumstances, what the other driver saw, and their actions leading up to the collision.

  Explanation: This illustrates how a party to a lawsuit (the other driver) is formally questioned under oath by the opposing legal team to uncover crucial facts and testimony that will be used to prepare for trial.

• Example 2 (Employment Discrimination Case): An employee suing their former company for discrimination plans to depose the company's Human Resources manager. The employee's lawyer will ask about the company's policies, the manager's involvement in the termination decision, and any relevant communications.

  Explanation: Here, a key witness (the HR manager) is being questioned under oath to gather evidence and understand the company's perspective and actions related to the employee's claim, aiding in the discovery phase of the litigation.

• Example 3 (Business Contract Dispute): When two businesses are in a legal dispute over a broken contract, the plaintiff company's legal team might choose to depose the chief financial officer (CFO) of the defendant company. They would ask specific questions about financial transactions, payment schedules, and any correspondence related to the contract's terms.

  Explanation: This example shows how a representative of a party (the CFO) is formally questioned under oath to obtain specific financial and contractual details that are central to the legal argument, helping both sides prepare their case for court.

Less commonly in modern legal practice, depose can also mean to state something under oath or to bear witness, particularly in formal declarations or affidavits (e.g., "The affiant deposes and states that the information is true and accurate").

It is important to distinguish these legal meanings from the common non-legal use of depose, which means to remove someone from a position of power or office, often forcefully (e.g., "The rebels sought to depose the dictator").