We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is a Legal Deposition?

Deanna Baranyi
By
Updated May 17, 2024
Our promise to you
WiseGeek is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGeek, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

A legal deposition is the testimony taken out of court from a person who is still under oath. It is a good way for lawyers to find out information about the case. They ask the person under deposition, or deponent, pointed questions to clear up ambiguities or learn details about the case. In some cases, only one lawyer may question the deponent; in other cases, several lawyers from several different parties may ask the deponent questions.

There are several different methods of recording the questions asked and answers given during the course of a legal deposition. There will always be a court reporter present. She may take handwritten notes; however, that practice has largely been replaced by more technical equipment, such as a transcription machine or a computer that records and transforms the human voice into typed words. In addition, many lawyers like to use audio-visual equipment to record and videotape the deposition. As a result, the exact words, the emphasis the deponent places on a given word, and the deponent’s body language are all recorded and may be replayed during a courtroom trial.

Besides determining facts of the case, a legal deposition also helps lawyers decide whether they want to call a witness to testify during trial. Sometimes a seemingly important witness becomes rather unimportant after a deposition, or vice versa. In addition, the details learned during the course of a deposition can be very important to trial preparation. For example, if a deponent admits a fact that she previously denied, the admission will be used against her in court. Also, if the deponent is not available during trial, her deposition may be used in lieu of her presence, if her absence is allowed under law.

Sometimes documents are presented during a legal deposition. The documents may be used to refresh the deponent’s memory or to have the deponent answer questions related to a specific document. In most cases, several copies of each document will be presented during the legal deposition: one for the deponent, one for each of the lawyers attending the deposition, and one for the court reporter.

A deponent will meet with her lawyer before the legal deposition occurs. It is unethical for the lawyer to tell the deponent what to say; however, the lawyer may review documents and the issues of the case with her client. During the deposition, it is best if the deponent keeps her answers concise and, of course, truthful. When the deponent begins making assumptions, simply to answer a question, she may run into trouble during the course of the deposition or during trial.

Not all countries have legal depositions and the countries that do allow depositions, such as the United States, India, and Canada, have strict guidelines that can vary from jurisdiction to jurisdiction. Countries that follow the common law legal system, such as England, New Zealand, and Australia, do not have depositions. Although those courts do not accept depositions, there are companies that offer deposition-related services for lawyers deposing a witness in those countries.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Deanna Baranyi
By Deanna Baranyi , Former Writer
Deanna Baranyi, a freelance writer and editor with a passion for the written word, brings a diverse skill set to her work. With degrees in relevant fields and a keen ability to understand and connect with target audiences, she crafts compelling copy, articles, and content that inform and engage readers.

Discussion Comments

Deanna Baranyi

Deanna Baranyi

Former Writer

Deanna Baranyi, a freelance writer and editor with a passion for the written word, brings a diverse skill set to her...
Learn more
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.