May I Take Your Deposition, Sir?
With the slew of legal jargons around, it gets easy to misuse
technical and legal terms. Deposition is one these terms.
Deposition, however, is not that hard to explain.
Deposition is the act of taking a witness' sworn testimony
outside of court. It can only be done in well-defined
circumstances. Some jurisdictions recognize an affidavit as a
form of deposition.
Usually testimonies are given at court. However, in some
instances it is allowed outside of court if it follows
prescribed procedures.
Depositions follow a defined procedure in American proceedings.
This procedure is defined in Rule 30 of the Federal Rules of
Civil Procedure.
The person to give a deposition is called a deponent. This
person is usually notified to appear at the appropriate time and
place by means of a subpoena. A court official must administer
the same oath a deponent would take if the testimony were in
court.
The court reporter then makes a word-for-word record of all that
is by all parties during the deposition. Today, depositions are
also recorded on audio. Also, depositions can now be videotaped.
The attorney who has ordered the deposition begins the
questioning of the deponent. This procedure is also called
'direct questioning'.
Nods and gestures cannot be recorded. Therefore, the witness is
instructed to answer all questions verbally.
After the direct examination, the other attorneys may begin
cross-examining the witness. The first attorney may ask more
questions at the end. This process of questioning and
cross-examining may sally back and forth until both parties are
satisfied.
Depositions are useful in the sense that it gives all litigants
in a contested case a preview of the evidence to come. This
provides fairness in proceedings since the element of surprise,
which is deemed unfair in trial, is eliminated.
Depositions also help preserve a witness' recollection of
details while they are still fresh. This can be done even if the
trial is a long ways off.
If the witness suddenly dies or becomes unavailable for court
proceedings, his or her deposition will be considered part of
the record and will be allowed to be read before the jury.
If the testimony belongs to a party or an organization, a
deposition will be allowed in court. However, if the testimony
belongs to a witness, the witness must appear in court. This is
because the defendant has the right to face his or her accuser.
If the defendant waives this right, a witness' deposition will
be allowed in court.
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.
Deposition provides further legal means of documenting and
allowing evidence in court.
The beauty of depositions; however, lies in the fact that this
sort of testimony can be studied before court proceedings
actually begin. This, therefore, can be used as another weapon
in the legal arsenal of either prosecutors or defendants.
Knowing how depositions work and its legal implications is
important since ignorance of such proceedings may work against
any party.
Even lay people will come to benefit from a good knowledge of
such, even if the only visible benefit is being able to
understand what terms are being used the next time one watches a
court drama on television.