Dictionary:
dep·o·si·tion (dĕp'ə-zĭsh'ən)  |
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| Business Dictionary: Deposition |
Method of pretrial Discovery that consists of a stenographically transcribed statement of a witness under oath, in response to an attorney's questions, with opportunity for the opposing party or his attorney to be present and to cross-examine. Such a statement is the most common form of discovery and may be taken of any witness (whether or not a party to the action). When taken in the form described, it is called an oral deposition. Depositions may also be taken upon written Interrogatories, where the questions are read to the witness by the officer who is taking the deposition.
| Dental Dictionary: deposition |
Evidence given by a witness under interrogation, oral or written, and usually written down by an official person and intended to be used in the trial of an action in court.
| Geography Dictionary: deposition |
The dropping of material which has been picked up and transported by wind, water, or ice. See sediment, sedimentary, sedimentation.
| Law Encyclopedia: Deposition |
The testimony of a party or witness in a civil or criminal proceeding taken before trial, usually in an attorney's office.
Deposition testimony is taken orally, with an attorney asking questions and the deponent (the individual being questioned) answering while a court reporter or tape recorder (or sometimes both) records the testimony. Deposition testimony is generally taken under oath, and the court reporter and the deponent often sign affidavits attesting to the accuracy of the subsequent printed transcript.
Depositions are a discovery tool. (Discovery is the process of assembling the testimonial and documentary evidence in a case before trial.) Other forms of discovery include interrogatories (written questions that are provided to a party and require written answers) and requests for production of documents.
Depositions are commonly used in civil litigation (suits for money damages or equitable relief); they are not commonly used in criminal proceedings (actions by a government entity seeking fines or imprisonment). A minority of states provide for depositions in criminal matters under special circumstances, such as to compel statements from an uncooperative witness and a few provide for depositions in criminal matters generally.
Before a deposition takes place, the deponent must be given adequate notice as to its time and place. Five days' notice is usually sufficient, but local rules may vary. Persons who are witnesses but not parties to the lawsuit must also be served with a subpoena (a command to appear and give testimony, backed by the authority of the court).
Depositions commonly take place after the exchange of interrogatories and requests for production of documents, because the evidence obtained from the latter often provides foundation for the questions posed to the deponent. Any documents, photographs, or other evidence referred to during the deposition is marked and numbered as exhibits for the deposition, and the court reporter attaches copies of these exhibits to the subsequent deposition transcript. Generally, at the outset of the deposition, the court reporter, who is often also a notary public, leads the deponent through an oath that the testimony that will be given will be true and correct.
The examining attorney begins the deposition and may ask the deponent a wide variety of questions. Questions that could not be asked of a witness in court because of doubts about their relevance or concerns about hearsay (statements of a third party) are usually allowed in the deposition setting, because they might reasonably lead to admissible statements or evidence. A party who refuses to answer a reasonable question can be subject to a court order and sanctions. However, a party may refuse to answer questions on the basis of privilege (a legal right not to testify). For example, statements made to an attorney, psychiatrist, or physician by a client seeking professional services can remain confidential, and a client may assert a privilege against being required to disclose these statements.
After the examining attorney's questions are completed, the attorney representing the adverse party in the litigation is permitted to ask follow-up questions to clarify or emphasize the deponent's testimony. In litigation involving a number of represented parties, any other attorney present may also ask questions.
The court reporter often records the proceedings in a deposition on a stenographic machine, which creates a phonetic and coded paper record as the parties speak. Occasionally, an attorney or witness may ask the court reporter to read back a portion of previous testimony during the deposition.
Most modern stenographic machines also write a text file directly to a computer diskette during the deposition. In the past, arduous manual labor was required to turn the phonetic and coded paper copy into a complete hand-typed transcript. This is now rarely necessary because sophisticated computer programs can create a transcript automatically from the text file on the diskette. When the transcription is complete, copies are provided to the attorneys, and the deponent is given the opportunity to review the testimony and correct any typographic errors.
The deposition, because it is taken with counsel present and under oath, becomes a significant evidentiary document. Based upon the deposition testimony, motions for summary judgment or partial summary judgment as to some claims in the lawsuit may be brought. (Summary judgment allows a judge to find that one party to the lawsuit prevails without trial, if there are no disputed material facts and judgment must be rendered as a matter of law.) If motions for summary judgment are denied and the case goes to trial, the deposition can be used to impeach (challenge) a party or witness who gives contradictory testimony on the witness stand.
The advent of sophisticated and low-cost video technology has resulted in increased videotaping of depositions. Both sides must agree to the videotaping, through a signed agreement called a stipulation, and in some jurisdictions, the parties must also seek a court order.
A videotaped record of a deposition offers several advantages. First, a videotape shows clearly the facial expressions and posture of the witnesses, which can clarify otherwise ambiguous statements. Second, physical injuries such as burns, scars, or limitations can easily be demonstrated. Third, a videotape may have a greater effect on a jury if portions of the deposition are introduced at trial as evidence. Finally, a videotape can serve as a more effective substitute for a party who cannot testify at trial, like an expert witness from another state or a witness who is too ill to be brought to the courtroom. If a witness dies unexpectedly before trial, a videotaped deposition can be admitted in lieu of live testimony because the deposition was taken under oath and the opposing attorney had the opportunity to cross-examine the witness.
Another advance in technology is the ability to take depositions by telephone. Telephonic depositions are allowed under the federal rules and are acceptable in most states. The procedures for a telephonic deposition are the same as for a regular deposition, although it is preferable (and sometimes required) that the examining attorney state for the record that the deposition is being taken over the telephone. A telephonic deposition can occur with the attorneys and the deponent in three different sites; in any case, federal and state rules stipulate that the judicial district within which the deponent is located is the official site of the deposition.
Another technology used for depositions is videoconferencing, where sound transmitters and receivers are combined with video cameras and monitors, allowing the attorneys and deponents to see each other as a deposition proceeds. Videoconferencing makes the examination of exhibits easier and also helps reduce confusion among the participants that may result from ambiguous or unclear verbal responses.
| Word Tutor: deposition |
| Wikipedia: Deposition (law) |
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The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. Please improve this article or discuss the issue on the talk page. |
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| Civil procedure in the United States |
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In law, a deposition is witness testimony given under oath and recorded for use in court at a later date. In many countries, depositions are given in courtrooms. In the United States, they are usually taken elsewhere. In the United States, it is a part of the discovery process in which litigants gather information in preparation for trial. Some jurisdictions recognize an affidavit as a form of deposition.
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Federal courts of the United States describe the procedure for taking depositions in Rule 30 of the Federal Rules of Civil Procedure. There are corresponding rules in state courts. If the person's testimony is demanded of a party (deponent), then notice may be given to that person's attorney. If the witness is not a party to the lawsuit (a third party), then a subpoena must be served on him/her if he/she is reluctant to testify. The person to be deposed (questioned), known as the deponent, is usually notified to appear at the appropriate time and place by means of a subpoena. To record the statements made during a deposition, a court reporter, also known as a stenographic reporter (sometimes denoted "CSR" for Certified Shorthand Reporter) is present, and records the statements on a stenograph. Alternatively, depositions may now be taken by audio or video recording. A deposition begins by having the court reporter administer the same oath or affirmation that the deponent would take if the testimony were being given in court in front of a judge and jury. Thereafter, the court reporter makes a verbatim stenographic record of all that is said during the deposition, in the same manner that witness testimony is recorded in court. The statements made during a deposition are then published in a booklet, which is provided to the deponent and to any party to the suit, who wishes to purchase a copy. Many CSRs nowadays also make an audio or video recording.
Attorneys for the deposing litigant are often present, although this is not required in all jurisdictions. The attorney who has ordered the deposition begins questioning of the deponent (this questioning is referred to as "direct examination" or "direct" for short). Since nods and gestures cannot be recorded, the witness is instructed to answer all questions aloud. After the direct examination, other attorneys in attendance cross-examine the witness. The first attorney may ask more questions at the end, in re-direct, which may be followed by re-cross.
During the course of the deposition, one attorney or another may object to questions asked. In most jurisdictions, only two types of objections are allowed: The first is to assert a privilege and the second is to object to the form of the question asked. Objections to form are frequently used to signal the witness to be careful in answering the question. All other objections, in particular those involving the rules of evidence, are generally preserved until trial. They need not be made at the deposition. California is the notable exception; under the Civil Discovery Act as enacted in 1957 and revised in 1986, most objections must be given on the record at the deposition (and must be specific as to the objectionable nature of the question or response) or they are permanently waived.[1]
The chief value of a deposition, as with any discovery proceeding, is to give all litigant parties in a contested case a fair preview of the evidence so that a "level playing field" is achieved and surprise (traditionally regarded as an unfair tactic) is avoided at the time of trial. Another benefit of deposition is to preserve a witness's recollection while it is still fresh, since the trial may still be months or years away. In the event a witness is unavailable for trial, their deposition testimony may be read before the jury and made part of the record in the case, with the same legal force as live testimony. In some states, depositions can be offered into evidence even if the witness is available. In any case, one party can use a deposition to impeach (or contradict) the witness's testimony in open court.
Some depositions are videotaped, in anticipation of the unavailability of a witness at trial, so that if necessary the videotape may be played for judge and jury.
Sometimes, after a number of witnesses have been deposed, the parties will have enough information that they can reasonably predict the outcome of a prospective trial, and may decide to arrive at a compromise settlement, thus avoiding trial and preventing additional costs of litigation. Accordingly, while most depositions are not videotaped, it may be of value for parties to make a positive impression on the opposing side's lawyers with respect to affect and appearance because these are telling factors as to how that person will present in front of a jury.
In the United States, depositions may be taken in criminal cases, for reasons that vary between jurisdictions. In Federal criminal cases, rules 27–32 of the Federal Rules of Criminal Procedure govern the taking of depositions. Each state has its own laws which govern the taking of depositions.
Most jurisdictions provide that depositions may be taken to perpetuate the testimony of a witness, that is, preserve their testimony for trial. If the person requested to testify (deponent) is a party to the lawsuit or someone who works for an involved party, notice of time and place of the deposition can be given to the other side's attorney, but if the witness is an independent third party, a subpoena must be served on him/her if he/she is recalcitrant. This occurs when a witness may not be able to testify at trial. The deposition of the witness is taken and, if the witness is unable to appear at trial, the deposition may be used to establish the witness' testimony in lieu of the witness actually testifying. In depositions to preserve testimony, the Confrontation Clause of the Sixth Amendment to the United States Constitution establishes a constitutional right of the defendant to be present during the deposition and to cross-examine the witness. The defendant may waive this right.
Some jurisdictions provide that depositions may be taken for purposes of discovery. In these jurisdictions, the defendant does not have a constitutional right to be present, although such a right may be established by statute.
A defendant in a criminal case may not be deposed without his consent because of the Fifth Amendment right to not give testimony against oneself.
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| Translations: Deposition |
Dansk (Danish)
n. - afsættelse, aflæggelse af edssvorent vidnesbyrd, edsvoren erklæring, deponering, bundfældelse
Nederlands (Dutch)
afzetting (geologisch), afzetting (uit ambt), (beëdigde) verklaring, deposito/inleg
Français (French)
n. - déposition, (Jur) déposition sous serment, témoignage
Deutsch (German)
n. - Zeugenaussage, Hinterlegung, Ablagerung, Absetzung
Ελληνική (Greek)
n. - απόθεση, απίθωμα, (νομ.) μαρτυρία, (μαρτυρική) κατάθεση, (θρησκ.) Αποκαθήλωση
Italiano (Italian)
deposizione, sedimentazione
Português (Portuguese)
n. - deposição (f)
Русский (Russian)
смещение, дача свидетельских показаний, депозит
Español (Spanish)
n. - deposición, destitución, sedimentación, intermitencia en el cuerpo de un santo, brindar testimonio bajo juramento, deposición eclesiástica
Svenska (Swedish)
n. - avsättning (t.ex. kung), vittnesmål, deposition
中文（简体）(Chinese (Simplified))
罢免, 宣誓作证, 废位, 具结书
中文（繁體）(Chinese (Traditional))
n. - 罷免, 宣誓作證, 廢位, 具結書
한국어 (Korean)
n. - 선서 증언, 파면, 공탁
日本語 (Japanese)
n. - 廃位, 免職, 宣誓証言, 堆積, 罷免
العربيه (Arabic)
(الاسم) خلع أو عزل شخص من سلطه, ترسيب, شهادة مكتوبه تحت القسم للاستعمال في المحكمه
עברית (Hebrew)
n. - מתן עדות בשבועה, תצהיר, הורדתה של גופת ישו מהצלב, הדחה ממשרה
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