What is a deposition?

• A. It is an informal interview without oath
• B. It is a sworn written statement
• C. A witness testimony under oath
• D. It is a judicial decision

Answer: (C)

A deposition is the sworn testimony of a witness given outside the courtroom, with the proceedings recorded for later use in a trial or other legal proceeding. The witness testifies under oath, subject to perjury penalties, and the questions are typically asked by attorneys with a court reporter transcribing the answers. This makes it a formal discovery tool to gather and preserve testimony while witnesses are available, and the transcript can be used at trial to impeach credibility or refresh memory.

It’s not an informal interview because it is official, under oath, and part of the evidentiary record. It’s not a sworn written statement (like an affidavit), since the deposition’s primary form is oral testimony, even though the transcript is written. And it’s not a judicial decision, since it’s a procedure for gathering evidence rather than a ruling on the case.