What is a deposition?

• A. A statement in court that you swear to
• B. A written memo describing facts
• C. A formal complaint filed with the court
• D. A ruling issued by a judge

Answer: (A)

Deposition refers to a witness giving sworn testimony, usually outside the courtroom, during the discovery phase of a case. The questions are asked by attorneys and a court reporter records the answers under oath. This sworn statement becomes part of the evidentiary record and can be used later in court for trial preparation, impeachment, or to refresh a witness’s memory. It’s not simply a written memo, not a formal complaint filed with the court, and not a judge’s ruling. The essential element is the oath and the recorded testimony used for litigation purposes.