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What is a deposition? Hi. My name is Jessica Kasischke and I'm an attorney with the law
firm Fleming, Nolen & Jez. A deposition is oral testimony by a witness given out of court
that is reduced to writing for use at a later trial or in evidentiary discovery purposes.
The purpose of a deposition is to preview the evidence. It's also used to gain support
for documents to be used at trial. It aims to level the playing field for all the parties
involved and avoid trial by ambush, so to speak. If you're thinking about filing a case,
a deposition is important to understand because it's a major step in the litigation process.
A deposition usually takes place at either the court reporter's office or at an office
at one of the law firms that's involved in the case. Generally, it is attended by the
witness (who is known as the deponent), the attorneys representing both sides in the litigation
and the court reporter. The testimony of the witness is under oath so the court reporter
will give the same oath or affirmation that the witness would generally take if the witness
was testifying at trial and in front of a judge or jury. A deposition begins with direct
examination by the attorney who has requested the deposition. After that point, the other
attorneys to the litigation will have an opportunity to cross. The types of questions that can
be expected at a deposition are not only the types of questions surrounding the facts of
the underlying litigation but they also involve questions about the background, educational
history and work history of the witness and other questions of this nature. To ensure
the accuracy of the transcript of the deposition, the court reporter will take down verbatim
everything said during the proceeding. Once the deposition has been completed, the court
reporter will publish the transcript to all parties involved. If you have any questions
about what a deposition is or how a deposition works, I urge you to call the number below.
Again, my name is Jessica Kasischke. Thanks for watching.