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Deposition

A deposition is a formal, out-of-court session where a witness or party answers questions under oath, with a court reporter recording everything said.

What it actually is

It is a key part of the discovery phase before trial, where lawyers for each side question a witness (often a party or expert) in person, with a court reporter transcribing the testimony verbatim. The transcript can later be used at trial to impeach a witness or, in some circumstances, read into evidence if the witness is unavailable.

Why it matters in your case

It allows both sides to learn what a witness will say before trial, lock in testimony, and assess the strength of the opposing case. For someone in a lawsuit, your deposition answers can be used against you, so preparation is critical.

The common misunderstanding

Many people think a deposition is like a casual interview or a private conversation, but it is a sworn legal proceeding with the same force as testifying in court. Another common mistake is believing you can refuse to answer questions freely; in reality, you must answer unless a privilege applies or a judge has ruled otherwise.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.