Deposition

Depo

Testimony given under oath outside of court, typically transcribed by a court reporter, used in discovery.

Governing rule: Fed. R. Civ. P. 30 (oral); Fed. R. Civ. P. 31 (written)

Plain-English definition

A deposition is sworn testimony taken before trial. The witness — a party, an expert, or a third party — answers questions from one or both attorneys while a court reporter takes down every word verbatim. Depositions are used to lock in testimony, find inconsistencies, and prepare for trial. Depositions can also be used at trial if the witness is unavailable or to impeach inconsistent in-court testimony.

In a sentence The CFO's deposition lasted three days and produced a 1,200-page transcript.

More in Civil Procedure

Amended Complaint

A revised complaint that changes, adds, or clarifies allegations, parties, or claims after the original complaint was filed.

Answer

The defendant's formal written response to the plaintiff's complaint, admitting or denying each allegation.

Class Certification

The judicial decision to allow a lawsuit to proceed as a class action on behalf of similarly-situated plaintiffs.

Collateral Estoppel

Also called issue preclusion. The doctrine that prevents re-litigating a specific issue that was actually decided in a prior case.

Complaint

The initial pleading filed by the plaintiff that starts a civil lawsuit.

Consolidation

Counterclaim

A claim brought by a defendant against the plaintiff within the same lawsuit.

Crossclaim

A claim by one party against a co-party, such as one defendant suing another defendant in the same case.

Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.