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Deposition

A deposition is a formal, out-of-court session where a witness or party answers questions under oath, with a court reporter recording everything said.

What it actually is

It is a key part of the discovery phase before trial, where lawyers for each side question a witness (often a party or expert) in person, with a court reporter transcribing the testimony verbatim. The transcript can later be used at trial to impeach a witness or, in some circumstances, read into evidence if the witness is unavailable.

Why it matters in your case

It allows both sides to learn what a witness will say before trial, lock in testimony, and assess the strength of the opposing case. For someone in a lawsuit, your deposition answers can be used against you, so preparation is critical.

The common misunderstanding

Many people think a deposition is like a casual interview or a private conversation, but it is a sworn legal proceeding with the same force as testifying in court. Another common mistake is believing you can refuse to answer questions freely; in reality, you must answer unless a privilege applies or a judge has ruled otherwise.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court, we hold court rules for 28 states and the federal courts word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state, procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.