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What is a Deposition?
Simply put, a person gives his or her deposition when he or she, accompanied by an attorney, answers questions put by the other side's attorney regarding the facts of the case. Depositions are under oath and generally take place in an attorney's office. A court reporter is present and everything that is said is recorded.
Those people that are allowed in the room during the taking of a deposition are as follows: all attorneys involved in the case, the court reporter, the party giving the deposition and, most often, the other party(ies) to the litigation.
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Simply put... (you) answer questions... regarding the facts |
A deposition is part of what is known as the "discovery" process. The purpose of a deposition is so the other side can learn what the deposed party will be saying if the matter goes to court. The other attorney generally asks questions about the things that he or she believes will be brought up at trial -- thereby obtaining a preview of what will be said. In a like respect, you (the deponent) may also want a preview of what the other party will say at trial.
What is said at a discovery deposition, as such, can not be admitted into evidence. Rather, the deponent must still come to court and testify, but is bound by the words he or she stated at the time of the deposition.
Taking a deposition helps develop information, and eliminates surprises and assists both parties in preparing for trial because you know what the other party is going to say.
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