A party may take the oral deposition of any person who has information relevant
to the litigation. The person to be deposed may agree to appear at a certain
time and place for the deposition, or the deposing party may ask the court to
order the witness to appear. All of the parties to the litigation must be
notified of the time and place for the deposition. Each party to the litigation
has the right to be present and to question the witness, usually through
attorneys.
At the beginning of the deposition, the witness must swear or affirm an oath to
tell the truth. The deposition is recorded stenographically or electronically.
If the witness might not be available for trial, a videotape is often prepared.
After the deposition is completed, a transcript will be prepared so that the
attorneys and the judge will be able to discuss the admissibility of each
question and answer. This transcript can also be used at trial to question the
credibility of (impeach) the witness if his or her testimony changes between
the deposition and the trial.
The attorney requesting the deposition asks the first questions. When this
attorney completes the questioning, the attorneys for the other parties ask
their questions (cross-examination). When all the parties' attorneys have had
their turn, the requesting attorney may ask additional questions (redirect),
starting the round robin again. This process of cross-examination makes
depositions time-consuming for the participants and expensive for the clients.
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