Also known as: pretrial depositions · pre-trial deposition · pre-trial depositions · deposition · pretrial depo
Written by attorneys · grounded in primary & secondary sources — see below
A sworn examination of a witness conducted before trial under court rules or by agreement of the parties. The resulting transcript may later serve as a prior statement or former testimony in the case.
Patrick Phan testified at trial that he never saw loose scaffolding. Defense counsel confronted him with his earlier sworn deposition in which he had described warning the site superintendent about the same planks. The court treated the deposition statements as non-hearsay because they were given under oath in a prior proceeding.
Pedro Pacheco, a key eyewitness in a federal fraud prosecution, planned to leave the country permanently for medical treatment. The government moved under Rule 15 to depose him before trial. The court granted the motion after finding exceptional circumstances and ordered production of relevant documents at the deposition.
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Pearl Porter gave sworn testimony at a pretrial deposition in an earlier administrative investigation. After she became unavailable for trial, the plaintiff offered the transcript against the agency. The court admitted the statements because they were given at a lawful deposition and the agency had an opportunity to examine her.
Prime Logistics received written notice that the government intended to depose its former compliance officer in a pending criminal case. The notice listed the deponent's name and address and set the date and location. Prime Logistics moved to change the date for good cause, and the court granted the request.
The statement must have been given under penalty of perjury at a deposition and must be inconsistent with the declarant's trial testimony. The declarant must testify and be subject to cross-examination at trial. Once these conditions are met the statement is excluded from the hearsay definition.
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The moving party must demonstrate exceptional circumstances and that the deposition is in the interest of justice. The court may also order production of designated non-privileged materials at the deposition.
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Yes, when the deposition is taken under oath pursuant to subpoena authority, recorded by a court reporter, and the opposing party had an opportunity to attend and examine the witness. The formal procedural safeguards satisfy the lawful-deposition requirement even if the proceeding was not fully adversarial.
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Every other party must receive reasonable written notice stating the date, location, and the name and address of each deponent. A party receiving the notice may move to change the date or location for good cause.
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