deposition

dep-uh-ZISH-un /ˌdep.əˈzɪʃ.ən/
nounC1GRESATGMATUPSC
FormalLegal

A formal, written statement made for use as evidence in court, taken under oath prior to trial during discovery.

A deposition is an out-of-court oral examination under oath recorded by a court reporter, where lawyers from both sides question a witness.

The story behind the word. From Latin 'de-' (down) and 'ponere' (to place or put). A deposition was originally the act of 'putting down' words into writing on a scroll or paper. In modern law, it is the process of setting down sworn pre-trial testimony onto the written record.

Word relationships

  • sworn testimony: Sworn testimony is any statement under oath, while deposition is specifically pre-trial out-of-court testimony given during discovery.
  • affidavit: An affidavit is a written statement, whereas a deposition involves live questioning by opposing counsel.

Commonly confused with

  • affidavit: An affidavit is a written statement sworn voluntarily, whereas a deposition involves cross-examination questions recorded by a stenographer.

Word family

  • depose (verb): Examine a witness under oath in a deposition.
  • deponent (noun): A person who gives written testimony under oath.

Collocations

  • take a deposition
  • give a deposition
  • deposition transcript
  • video deposition

Example sentences

  • "During her six-hour deposition, the corporate officer answered questions about the company's accounting practices." Civil litigation

Memory hook

DE-POSITION: The witness sits in a DEsignated POSITION to give pre-trial answers. Pre-trial witness questioning under oath.

When not to use

Do not confuse with trial testimony given live before a jury inside a courtroom during trial.

Fun facts

  • In non-legal usage, 'deposition' can also mean the overthrowing of a king or the natural depositing of sediment by a river.
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