Deposition (law)
Sworn out-of-court testimony used for discovery and evidence preservation.
A deposition is the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada, almost always conducted outside court by lawyers themselves with no judge present.
- field
- Law
- first_appearance
- Mid-15th century
- origin
- English courts of equity
- modern_development
- Early 19th century in New York
- key_innovator
- Chancellor James Kent
- current_use
- United States and Canada
Lore & Background
Depositions by written interrogatories first appeared around the mid-15th century as a procedure for discovery, factfinding, and evidence preservation in suits in equity in English courts. They differed radically from modern depositions: the party seeking testimony merely propounded written interrogatories read aloud by a master or commissioner to the witness in a closed proceeding without parties or counsel present; the witness's answers were summarized into a third-person narrative; and the resulting document was filed under seal and not revealed to parties until shortly before trial.
Reader's Guide
The modern deposition by oral examination began to develop in New York in the early 19th century when Chancellor James Kent allowed masters to examine witnesses in real time rather than read static interrogatories, and allowed parties and counsel to be present. This ended secrecy and led to lawyers taking over examinations. During the late 19th century, summary narratives were replaced by verbatim transcripts by court reporters. The merger of common law and equity procedure reduced the deposition to its modern role as a discovery and evidence preservation device. In the United States, depositions are governed by Rule 30 of the Federal Rules of Civil Procedure, limiting depositions to ten per side and seven hours per deponent.
Did You Know?
- In Canada, the proceeding is called an examination for discovery (French: interrogatoire préalable).
- In mainland China, it is generally illegal to take depositions for use in foreign courts.
- In some unusual situations, depositions can be taken during or even after trial in the United States.
- California is a major outlier on deposition objections; most objections must be given on the record at the deposition or they are permanently waived.
Frequently Asked Questions
What is a Deposition in law?
A deposition is a sworn, out-of-court oral interview of a witness conducted by attorneys, with the spoken answers captured in a written transcript. It functions as both a discovery tool and a way to preserve testimony for later courtroom use.
What role does a Deposition play in litigation?
It lets each side question a witness under oath before trial, gathering information and locking in the witness's account so it can be used to impeach them later if they change their story. It is a standard feature of civil litigation in the United States and Canada.
How does a Deposition differ from testifying in front of a judge?
A deposition is conducted outside the courthouse, led solely by the parties' own lawyers, with no judge present to manage proceedings. The witness still swears an oath, but the setting is a conference room rather than a courtroom, and the tone is driven by the attorneys asking questions.
Where did the Deposition originate and who shaped its modern form?
The practice first appeared in English courts of equity around the mid-15th century, but its contemporary structure was largely developed in early 19th-century New York. Chancellor James Kent is widely credited as the key figure who refined the procedure into the form still used today.
Why is the Deposition considered important to the legal system?
It gives both parties a reliable mechanism to secure a witness's testimony before trial, preventing later disputes over what was actually said. Without it, lawyers would have far less ability to prepare their cases or hold witnesses to their earlier sworn statements.
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