Other forms of discovery include interrogatories (written questions that are provided to a party and require written answers) and requests for production of documents.The advent of sophisticated and low-cost video technology has resulted in increased videotaping of depositions. Telephonic depositions are allowed under the federal rules and are acceptable in most states.
Deposition testimony is taken orally, with an attorney asking questions and the deponent (the individual being questioned) answering while a court reporter or tape recorder (or sometimes both) records the testimony.
Deposition testimony is taken orally, with an attorney asking questions and the deponent (the individual being questioned) answering while a court reporter or tape recorder (or sometimes both) records the testimony. (noun) An example of deposition is the firing of a person from a government job.
Par. law. The procedures for a telephonic deposition are the same as for a regular deposition, although it is preferable (and sometimes required) that the examining attorney state for the record that the deposition is being taken over the telephone. The testimony of a party or witness in a civil or criminal proceeding taken before trial, usually in an attorney's office. Deposition testimony is taken orally, with an attorney asking questions and the deponent (the individual being questioned) answering while a court reporter or tape recorder (or sometimes both) records the testimony. Finally, a videotape can serve as a more effective substitute for a party who cannot testify at trial, like an expert witness from another state or a witness who is too ill to be brought to the courtroom. Five days' notice is usually sufficient, but local rules may vary. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional.Before a deposition takes place, the deponent must be given adequate notice as to its time and place.
206.Another advance in technology is the ability to take depositions by telephone. The intent is to allow the parties to learn all of the facts before the trial, so that no one is surprised once that witness is on the stand.
Definition of Deposition In accordance with the work A Dictionary of Law, this is a description of Deposition : A statement made on oath before a magistrate or court official by a witness and usually recorded in writing. Deposition testimony is taken orally, with an attorney asking questions and the deponent (the individual being questioned) answering while a court reporter or tape recorder (or sometimes both) records the testimony. You still can be called as a witness at trial for the prosecution or defense. Par. First, a videotape shows clearly the facial expressions and posture of the witnesses, which can clarify otherwise ambiguous statements. 206.Another advance in technology is the ability to take depositions by telephone. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional.Before a deposition takes place, the deponent must be given adequate notice as to its time and place. Videoconferencing makes the examination of exhibits easier and also helps reduce confusion among the participants that may result from ambiguous or unclear verbal responses.After the examining attorney's questions are completed, the attorney representing the adverse party in the litigation is permitted to ask followup questions to clarify or emphasize the deponent's testimony. Occasionally, an attorney or witness may ask the court reporter to read back a portion of previous testimony during the deposition.Depositions are commonly used in civil litigation (suits for money damages or equitable relief); they are not commonly used in criminal proceedings (actions by a government entity seeking fines or imprisonment). lawyers take the sworn testimony of a witness prior to a trial that is held out of court with no judge present
A deposition can be made outside of court, too — after a crime, a witness might give a deposition. deposition definition: Deposition is defined as the removal from an office or the testimony of a witness under oath.
(Discovery is the process of assembling the testimonial and documentary evidence in a case before trial.) If a witness dies unexpectedly before trial, a videotaped deposition can be admitted in lieu of live testimony because the deposition was taken under oath and the opposing attorney had the opportunity to cross-examine the witness.Depositions are a discovery tool. This is now rarely necessary because sophisticated computer programs can create a transcript automatically from the text file on the diskette.