Simple English definitions for legal terms
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A deposition is when someone is asked to answer questions under oath outside of a courtroom. This is usually done as part of a legal process called discovery, where both sides try to gather information. The person being asked questions is called the "deponent." The questions can be asked in person or in writing. The answers given during a deposition are usually not allowed to be used in court, but there are some exceptions.
A deposition is when a witness gives a sworn testimony outside of court. It is used to gather information during the discovery process and may sometimes be used at trial. The person giving the testimony is called the "deponent."
During an oral deposition, the parties involved in the case gather together with the deponent and a person who can administer oaths. The deponent is asked questions by all parties involved, and their answers are recorded. Lawyers cannot coach their clients during the deposition, and their ability to object to questions is limited. Oral depositions are usually not admissible in court, but there are some exceptions.
Written depositions involve submitting questions to the deponent in advance. The deponent then answers those questions in writing. This method is cheaper than oral depositions, but it is less useful because it is difficult to follow up on the witness's answers.
An example of a deposition would be if a witness was asked to give a statement about what they saw during a car accident. The witness would be asked questions by all parties involved, and their answers would be recorded. Another example would be if a company was being sued for discrimination, and an employee was asked to give a statement about their experiences with discrimination in the workplace.
These examples illustrate how a deposition is used to gather information during the discovery process. The witness is asked questions under oath, and their answers are recorded for later use in the case.