Legal Definitions - oral deposition

An oral deposition is a formal, out-of-court question-and-answer session where a witness provides sworn testimony under oath. It is a crucial part of the "discovery" phase in a lawsuit, allowing attorneys to gather information, clarify facts, and assess the credibility of witnesses before a trial. The term "oral" emphasizes that the testimony is given verbally, meaning spoken aloud, in response to questions from the attorneys involved in the case. A court reporter is typically present to record every word, creating a written transcript that can be used later in court or for settlement discussions.

Here are a few examples illustrating how an oral deposition works:

• Example 1: Personal Injury Lawsuit

  Imagine a scenario where a cyclist is injured after being struck by a delivery truck. The cyclist files a lawsuit against the trucking company for negligence. Before the trial, the trucking company's attorney will likely schedule an oral deposition of the cyclist. During this session, which takes place in a law office rather than a courtroom, the attorney will ask the cyclist detailed questions about the accident itself, the extent of their injuries, their medical treatment, and how the injuries have impacted their daily life and ability to work. The cyclist answers these questions verbally, under oath, with their own attorney present. The spoken answers are recorded by a court reporter, creating an official transcript.

  This illustrates an oral deposition because the cyclist is providing spoken, sworn testimony in response to questions from the opposing attorney outside of a courtroom, for the purpose of gathering information relevant to the lawsuit.

• Example 2: Business Contract Dispute

  Consider a situation where a software development company sues a client for breach of contract, claiming the client failed to pay for completed work. The client, in turn, counter-sues, alleging the software was delivered late and was defective. As part of the discovery process, the software company's attorney might conduct an oral deposition of the client's project manager. The attorney would ask the project manager specific questions about the contract terms, the communication history between the companies, their assessment of the software's functionality, and the reasons for withholding payment. The project manager would provide verbal answers under oath, with their company's legal counsel present, and a transcript would be made.

  This demonstrates an oral deposition as the project manager is giving spoken, sworn testimony in an out-of-court setting, answering questions from the opposing counsel to uncover facts pertinent to the contract dispute.

• Example 3: Employment Discrimination Case

  Suppose a former employee files a lawsuit against their previous employer, alleging they were unfairly terminated due to age discrimination. The employee's attorney will likely want to take the oral deposition of the former supervisor who made the termination decision. In this deposition, the attorney would ask the supervisor about the company's termination policies, the specific reasons cited for the employee's dismissal, any performance reviews, and the supervisor's interactions with other employees of similar age. The supervisor would provide verbal responses under oath, with the company's attorney present, and their testimony would be officially recorded.

  This is an oral deposition because the supervisor is providing spoken, sworn testimony in an out-of-court setting, answering questions posed by the former employee's attorney to gather evidence related to the discrimination claim.