When one party questions the other party or a witness during prior to trial. This is often conducted in an office outside of court and all the questions and answers (under oath) are recorded by a court reporter or stenographer. With more frequency, depositions are now being videotaped. Deposition testimony may be used at trial for various purposes, including to refresh the memory of a witness or to impeach their testimony. Deposition testimony may also be used where the deponent has become unavailable, for example, if they died.
Law Dictionary – Alternative Legal Definition
The testimony of a witness taken upon interrogatories, not in open court, but in pursuance of a commission to take testimony issued by a court, or under a general law on the subject, and reduced to writing and duly authenticated, and Intended to be used upon the trial of an action in court. Lutcher v. U. S., 72 Fed. 972, 19 C.