Legal & IP
Definition
A deposition is a formal, out-of-court sworn testimony given by a witness or party during the discovery phase of litigation. The testimony is recorded and can be used at trial. Depositions allow attorneys to gather information, assess witness credibility, and lock in testimony before trial.
During a deposition, the witness (called the deponent) answers questions under oath, typically in a conference room with attorneys from both sides present. A court reporter transcribes every word, and depositions may also be video-recorded. Attorneys use depositions to discover facts, assess how witnesses will perform on the stand, and lock in testimony that can later be used to impeach a witness who changes their story at trial. Depositions can last from a few hours to several days. The deponent has the right to have their attorney present who may object to questions, though the deponent generally must still answer unless the question is privileged. Deposition transcripts are considered sworn testimony and carry the same legal weight as in-court testimony.
If you are involved in litigation as a plaintiff, defendant, or witness, being deposed is a high-stakes situation that requires preparation. Your attorney should prepare you thoroughly — reviewing likely questions, your prior statements, and documents that may be raised. The wrong answer in a deposition can significantly damage your position at trial.