Sworn, recorded, out-of-court questioning of a witness by the opposing lawyer, before any trial.
A deposition is questioning under oath that happens before trial, usually in a conference room rather than a courtroom, with a court reporter producing a written transcript. There is no judge present. The witness swears the same oath they would take at trial, and the transcript can be used later - including to challenge the witness if their testimony changes.
Because there is no judge in the room, objections work differently: a lawyer states an objection for the record and the witness usually still answers, with the objection resolved later if the testimony is offered in court. Instructions not to answer at all are limited to narrow situations, such as protecting a privilege.
Depositions are one of the main reasons civil cases take as long as they do, and they are frequently where a case is effectively decided - a party's own recorded answers tend to shape settlement discussions more than the pleadings do.
Anyone being deposed - including a witness who is not a party to the case - is entitled to seek advice first, and the preparation matters more than most people expect. The recurring error is treating it as an informal conversation: it is sworn testimony that lasts for the life of the case.
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