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Deposition

Reviewed by Vineeth | Updated on Sep 30, 2020

Catalogue

Introduction

A deposition is an undertaking or oath undertaken by writing to an authorised officer of the court. It is generally done outside the court and prior to the commencement of the trial. The deposition is an inseparable part of the process of discovery which will allow both the parties involved in a legal tussle to learn all the relevant facts and find out the views of the other side.

This will be helpful in coming up with an effective legal strategy. Depositions are more often than not taken from a key witness. However, it may also involve the defendant or the plaintiff. This process generally happens in an attorney’s premises instead of a formal courtroom.

Deponent

The person making the deposition is referred to as the deponent. Deposition is a kind of oath, wherein making a false statement may lead to criminal and civil penalties. The act of deposition is referred to under different names in different countries.

Understanding Deposition

On discovering new things with proceedings, the main objective of the deposition is to provide all parties involved in the contention a fair chance to tell their perspectives and back it up with proof and field the information they have. This is done to ensure that there are no unpleasant surprises when the trial begins.

The act of deposition also saves the statement of the deponent or witness. To conclude the trial and proceedings, the court may take longer duration (which is well within the legal system), and the individual may not be able to recall whatever passed when the event took place.

A trial can be conducted several months or years after the happening of the event, and the deponents’ memory may be blurred. Deposition is done to ensure that there is no information lost over time.

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