Deposition

You may recognize the root word here as "deposit," which originates with the Latin word deponere (dee-paw-NAIR-ey), meaning to set, lay or deposit an object in a certain place. A later derivative of this word, depositio (dee-paw-SEE-tsee-oh), was a noun meaning "testimony" - which is the actual origin of the present day legal term.

The Anglo-Saxon cognate here would be "oath." In modern legal terms, a deposition is simply the sworn statement made by a party to a legal action or a witness, made either orally in front of an officer of the court or provided in a written form. In either case, the statement is recorded by a court reporter (or other authorized officer of the court). The word "deposition" may be a written document containing such a statement, and may also refer to the hearing at which such a statement is made and recorded. The party who makes the deposition is known as the deponent.

A witness may be deposed for any number of reasons. Sometimes, this is used in preparation of a trial during what is known as the discovery process during which evidence is gathered and sorted. A deposition may also be called for if there is a possibility that a witness may not be available to make a testimony during the trial. For example, if a family has brought a complaint against a corporation in which a product caused a fatal illness or injury of one of its members and a physician has determined that death of this family member is imminent, the court may depose this person.

In this case, the deposition is called an affidavit. It differs from a deposition in that under the Rules of Civil Procedure, a party has the right to cross examine a deponent.

 

 

 

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