Written Deposition Legal Definition

In three minutes, Jeff Feldman, Professor of Practice and Co-Director of the Appellate Advocacy Clinic, explains what to expect in the deposition process, who will be present, how to prepare for a statement, and what happens next. He also suggests advice for someone getting dumped. In some jurisdictions in the United States, criminal testimony may be given for reasons that vary from jurisdiction to jurisdiction. In federal criminal matters, article 15 of the Federal Code of Criminal Procedure governs the registration of statements. Each state has its own laws governing testimony. Deposition is the preferred term in U.S. federal courts and in most U.S. states. Some states also require a declaration of a pre-trial review (TBR).

However, in unusual situations, statements are sometimes made during or even after the trial. [2] Deposits can last from a few minutes to even a week. Whether testimony is required depends on the circumstances of the case. As a general rule, cases involving only legal issues do not require testimony. Another technology used for testimony is video conferencing, which combines sound transmitters and receivers with video cameras and monitors so that lawyers and deponents can see each other as a statement progresses. Videoconferencing facilitates the review of exhibits and also avoids confusion among participants that can result from ambiguous or unclear verbal responses. A report would be required, for example, if one witnesses an accident that gave rise to a liability claim. All parties involved in the case may participate in the testimony.

Counsel for both parties ask the testimant a number of questions related to the prosecution. A court reporter present accurately records each question and answer in the testimony and creates a transcript that can be used later in the trial. In recent years, the development of process technology has made it possible to replace the use of paper documents with electronic documents and attachments in filing. [6] In such cases, the examining lawyer marks and distributes the official evidence electronically using a laptop or tablet. The applicant, court reporter and all parties receive official digital exhibits or courtesy copies. Combined with live transcription stream technology and forensic videography, digital transmission technology has made participation in remote filings more functional and popular. [7] Video recording of a statement offers several advantages. First, a videotape clearly shows the facial expressions and attitude of witnesses, which can otherwise clarify ambiguous statements. Secondly, physical injuries such as burns, scars or limitations can be easily detected. Third, videotape may have a greater effect on a jury if parts of the testimony are presented as evidence at trial.

Finally, videotape can serve as a more effective substitute for a party who cannot testify at trial, such as an expert witness from another State or a witness too ill to be brought into the courtroom. If a witness dies suddenly before trial, videotaped testimony may be admitted instead of live testimony because the testimony was given under oath and opposing counsel was given an opportunity to cross-examine the witness. Statements are usually made in law firms and not in courtrooms. Lawyers ask the testimonor several questions related to the prosecution. A court reporter is present throughout the testimony and records it word for word. As a rule, the court is not directly involved in the statements. The process is initiated and accompanied by the different parties. As a rule, the only persons present at a statement are the accused, lawyers for all interested parties and a person qualified to take the oath. Sometimes statements are recorded by a stenographer, although electronic recordings are becoming more common. When testifying, all parties may question the witness.

Lawyers cannot frame their clients` testimony, and lawyers` ability to object to testimonial issues is generally limited. If this is not the case at trial, such testimony may not be admitted or used in the case in respect of witnesses whose testimony may have been given there. Provided that nothing herein shall be construed to preclude a United States court from granting a dedimus potestatem to make statements in plain language where it may be necessary to prevent a failure or delay in justice; the power they should possess individually or extend to statements made in perpetual rei memoriam, which, when relating to matters that may be apparent in a United States court, a district court may, on application, be considered directly as a fair court in accordance with registry practice. Before a deposit takes place, the depositor must be properly informed of the time and place. Five days in advance is usually sufficient, but local regulations may vary. Persons who are witnesses but are not parties to the dispute must also be served with a summons (an order to appear and testify, supported by the authority of the court). As with any discovery process, the primary value of obtaining a statement is to give all litigants in a contentious case a fair overview of the evidence and to provide evidence for other trials and motions for dismissal. The procedure provides a “level playing field” for information between litigants and avoids surprises in the process (traditionally seen as an unfair tactic).

[12] Another advantage of testifying is to preserve a witness` memory while it is still fresh, as the trial can still take months or years. If the testimony of a witness in open court does not match the testimony, a party may give the testimony to accuse (or contradict) the witness. In the event that a witness is not available for trial (usually because he or she is dead, seriously ill, or lives hundreds of miles away), his or her testimony may be read before the jury or played and recorded in the case file, with the same legal value as live testimony. In some States, stenographic, audio or video recordings of testimony may be presented as evidence, even if the witness is available. Opposing party testimony is often used to make self-incriminating statements by the deponent, and questions about document identification can also make evidence admissible for hearings and summary judgments. • A witness or party to the case is abroad, is not available or is unable to participate in oral testimony. • The cost of an oral statement is prohibitive. • The person disqualified is a senior official or representative.

Testifying through written investigations allows them to avoid time-consuming oral testimony, while contributing to the case. • The deposed person is in prison or detained. • The forfeited person must provide only a limited amount of relevant information. • Medical, medical or other sensitive records are required. Filing rules vary by jurisdiction. See State Code of Civil Procedure. In the Federal Code of Civil Procedure, article 30 governs statements by oral questions and article 31 by written questions.