What is a deposition?

• A. A written transcript of testimony taken in court during a trial.
• B. Oral testimony of a witness, reduced to writing and taken out of court before an authorized official, used as part of the discovery process.
• C. A formal request to produce documents.
• D. A summary of witnesses' statements prepared for filing.

Answer: (B)

Deposition is oral testimony of a witness, reduced to writing and taken out of court before an authorized official, used as part of the discovery process. In a deposition, the witness is sworn, questions are asked by attorneys from both sides, and the entire session is recorded and later transcribed. This happens before trial, outside the courtroom, so lawyers can learn what the witness will say, assess credibility, and preserve the exact statements for use later at trial or in motions. This differs from a court transcript of testimony given during a trial, which occurs inside the courtroom; it also isn’t a request to produce documents (that’s a discovery tool for obtaining records), and it isn’t a mere summary of statements—it's the actual testimony captured in written form.