Also known as: depone · depones · deponed · deponing · deponent · deponents · depose · deposes · deposed · deposing · depositions · affidavit · sworn testimony
Written by attorneys · grounded in primary & secondary sources — see below
A witness's out-of-court testimony that is reduced to writing for later use in court or for discovery purposes. The deponent appears before a court officer and gives sworn answers to questions from counsel for all parties.
Deborah Dunn's lawyer prepares a notice to take the deposition of Darius Dixon but omits the required signature and contact details. The opposing party moves to strike the notice. The court strikes the unsigned paper because every written motion and other paper must bear the signer's name and contact information.
Destiny Davis testifies at trial that she never saw the defendant at the scene. Counsel offers her earlier deposition statement, given under oath, in which she identified the defendant. The court admits the deposition testimony as non-hearsay because it is inconsistent with her current testimony and was given under penalty of perjury.
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Officers attach Dominic Drake's deposition transcript to an affidavit seeking a search warrant for a warehouse. The warrant itself lists only the address and fails to describe any items to be seized. The court suppresses the evidence because the warrant is facially deficient even though the supporting deposition supplied detailed information.
Dominic Drake moves to depose a terminally ill eyewitness before trial because the witness may be unavailable. The court grants the motion on a finding of exceptional circumstances and orders production of relevant documents at the deposition. The preserved testimony is later admitted at trial.
Dolores Diaz files for dissolution and moves for temporary child support. She attaches excerpts from Darius Dixon's deposition describing his income and the child's needs. The court awards temporary support after reviewing the deposition testimony along with the required affidavit.
Danielle Dixon serves a notice to depose a non-party witness ten days after the defendant is served with the complaint. No stipulation or court order is obtained. The deposition proceeds because leave of court is not required when the parties have not stipulated otherwise and the witness is not a prisoner.
A party may depose any person, including another party, without leave of court unless the parties have not stipulated to the deposition and certain numerical or timing limits apply under Rule 30(a)(2). The deponent's attendance may be compelled by subpoena.
A prior deposition statement is not hearsay if the declarant testifies and is subject to cross-examination and the statement is inconsistent with the testimony and was given under penalty of perjury at a deposition or other proceeding.
A party must show exceptional circumstances and that the deposition is in the interest of justice. The court may also require production of designated non-privileged materials at the deposition.
Yes. Every pleading, written motion, and other paper, including a deposition notice, must be signed by at least one attorney of record or by an unrepresented party, and must state the signer's address, email address, and telephone number.
…The applicants therefore summoned witnesses to attend court whose voluntary affidavits they could not obtain. Mr. Lee read the affidavit of Dennis Ramsay and the printed journals of the Senate of 31 January 1803 respecting the refusal to give the requested information. He then called Jacob Wagner and Daniel Brent, summoned…