LawyerLandLegal Glossary

Deposition

Sworn, recorded, out-of-court questioning of a witness by the opposing lawyer, before any trial.

Informational only - this is not legal advice. These definitions explain general legal vocabulary in plain English. They are not advice about your situation, reading them creates no attorney-client relationship, and the law differs from state to state and changes over time. For advice you can rely on, speak to a lawyer licensed in your state.

What it means

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.

Where this comes from

In federal civil cases depositions are governed by Federal Rule of Civil Procedure 30, which by default limits one deposition to a single day of seven hours. State courts have their own procedural rules, which are often similar but are not identical.

When people hire a lawyer for this

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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Part of the LawyerLand plain-English legal glossary. Definitions are written from primary sources - statutes and court rules - and each entry states the authority it rests on, or says plainly when the doctrine is state law with no national rule.