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Simple English definitions for legal terms
oral deposition
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A quick definition of oral deposition:
An oral deposition is when someone is asked questions by a lawyer and their answers are written down by a court reporter. This is done so that the information can be used in court later on. Sometimes, a written set of questions is used instead of speaking. If someone important in a company needs to be questioned, it's called an apex deposition. If a witness can't come to court, their deposition can be read out loud instead.A more thorough explanation:
An oral deposition is when a witness gives testimony outside of court, usually in a lawyer's office, and it is recorded by a court reporter. The purpose of an oral deposition is to gather evidence for use in court or for discovery purposes.
- Deposition de bene esse: If a witness is unable to attend a trial or hearing, their deposition can be taken in advance. This is called a deposition de bene esse. The witness's testimony can then be read at trial as if they were present in court.
- 30(b)(6) deposition: Under the Federal Rules of Civil Procedure, a party can take the deposition of an organization, such as a corporation. The organization must then designate a person to testify on its behalf about the matters specified in the notice of deposition.
- Oral deposition: This is the most common type of deposition, where a witness is questioned by a lawyer and their answers are recorded by a court reporter.
These examples illustrate how oral depositions can be used in different situations, such as when a witness is unable to attend a trial or when an organization needs to designate a representative to testify on its behalf.