Also known as: oral depositions · deposition · oral depo
Written by attorneys · grounded in primary & secondary sources — see below
A discovery procedure in which a witness gives sworn oral testimony in response to questions from counsel. The testimony is recorded by a court reporter and may be used at trial for impeachment or as substantive evidence when the declarant is unavailable.
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Oswald Orozco testified at trial that he never saw loose scaffolding. Defense counsel confronted him with his earlier oral deposition in which he had sworn he warned the site superintendent about the planking. Because the deposition was given under penalty of perjury, the prior statement was admitted for its truth.
Prosecutors moved to depose a key informant who faced deportation before trial. The court found exceptional circumstances and ordered the oral deposition so the testimony could be preserved and later introduced if the witness remained unavailable.
After the witness relocated abroad and refused to return, the plaintiff offered the transcript of the witness's oral deposition taken in an earlier administrative proceeding. The court admitted the transcript because the defendant had attended and possessed a similar motive to examine the witness.
The defense served written notice identifying the deponent and the deposition location. When the government objected to the date, the court granted a short continuance for good cause while preserving the parties' opportunity to attend the oral deposition.
After the defendant was served while briefly present in the forum, counsel arranged an oral deposition by telephone to accommodate the witness's travel schedule. The court permitted the remote format to avoid harassment while still allowing full cross-examination.
The defendant moved for summary judgment and attached excerpts from the plaintiff's oral deposition showing an absence of evidence on an essential element. The court treated the deposition testimony as competent evidence that shifted the burden to the plaintiff to come forward with contrary proof.
The statement must have been given under penalty of perjury at a deposition or other proceeding, the declarant must testify and be subject to cross-examination at trial, and the statement must be inconsistent with the declarant's trial testimony.
A party must demonstrate exceptional circumstances and that the deposition serves the interest of justice. The court may also require production of designated non-privileged materials at the deposition.
…they employed comports with standard scientific procedures. In support of these assertions, plaintiffs offer only the trial and deposition testimony of these experts in other cases. While these materials indicate that plaintiffs' experts have relied on animal studies, chemical structure analyses and epidemiological data, they…
…for summary judgment. Fed. Rules Civ. Proc. 12(b)(6) and 56. He can use relatively inexpensive methods of discovery, such as oral deposition
…in spotting at least the endangered elephant and leopard." Id. , at 145-146. When Ms. Skilbred was asked at a subsequent deposition if and when she had any plans to return to Sri Lanka, she reiterated that "I intend to go back to Sri Lanka," but confessed that she had no current plans: "I don't know [when]. There is a…
…that bare allegation suffices under a system that restricts the pleadings to the task of general notice-giving and invests the deposition
…when she left the defendant's premises. In support of its motion for summary judgment, Kress submitted statements from a deposition of one of its employees asserting that he had not communicated or agreed with the police to deny plaintiff service or to have her arrested, and explaining that the store had taken the…
The deposition must have been taken at a lawful proceeding, the party against whom it is offered must have had an opportunity and similar motive to develop the testimony, and the declarant must be unavailable at trial.
Reasonable written notice stating the date, location, and name and address of each deponent must be provided to every other party. The court may change the date or location for good cause.
An oral deposition involves live questioning by counsel with immediate follow-up, while a deposition on written questions uses pre-served written questions and cross-questions answered without counsel present.
Supporting sources