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Deposition at Legal Glossary

What is it? An important tool used in pretrial discovery where one party questions the other party or a witness in the case. Often conducted in an attorneys office, a deposition requires that all questions be answered under oath and be recorded by a court reporter, who creates a deposition transcript. Increasingly, depositions are being videotaped. Any deponent may be represented by an attorney. At trial, deposition testimony can be used to cast doubt on (impeach) a witnesss contradictory testimony or to refresh the memory of a suddenly forgetful witness. If a deposed witness is unavailable when the trial takes place -- for example, if he or she has died -- the deposition may be read to the jury in place of live testimony.

Law Definition Added By: Michael

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