Which description best defines a deposition?

• A. A formal written request for documents
• B. A sworn, oral testimony obtained out of court
• C. A list of pleadings
• D. A court order for a hearing

Answer: (B)

A deposition is sworn, oral testimony taken outside the courtroom. The witness answers questions under oath, and a court reporter records everything. This discovery tool helps reveal what a witness knows, preserves that testimony for use later at trial, and can be relied on to assess credibility or to impeach a witness if their statements change. It’s different from written discovery, like interrogatories (written questions answered in writing) or requests for production of documents, and it isn’t a court order for a hearing. Depositions are usually held in a lawyer’s office or a deposition facility, providing a live, recorded statement that parties can use as needed during litigation.