International Court Reporters Guide

Deposition Definition - Court Reporter Definitions

A deposition is evidence given under oath and recorded by a court reporter for use in court at a later date. International law depositions are given in courtrooms, but in the United States they are given outside a courtroom in certain well-defined circumstances. In the United States, it is a part of the discovery process in which litigants obtain information from each other in preparation for trial. Video depositions are common in the United States and in other international locations.

Depositions

Attorneys for the non-deposing litigant are often present. The attorney who has ordered the deposition begins questioning of the deponent by direct examination. Nods and gestures cannot be recorded by court reporters so the witness is instructed to answer all questions verbally. After the direct examination, other attorneys in attendance cross-examine the witness. The first attorney may ask more questions at the end, in re-direct, which may be followed by re-cross.

During the course of the deposition, an attorney may object to questions asked. In most jurisdictions, only two types of objections are allowed: to assert a privilege and to object to the form of the question asked. Objections to form are frequently used to signal the witness to be careful in answering the question. All other objections, in particular those involving the rules of evidence, are generally preserved until trial. They need not be made at the deposition.

The chief value of a deposition, as with any discovery proceeding, is to give all litigant parties in a contested case a fair preview of the evidence so that a level playing field is achieved and surprise is avoided at the time of trial. Another benefit of a deposition is to preserve a witness's recollection while it is still fresh, though the trial may still be some time later. In the event a witness is unavailable for trial, their deposition testimony may be read before the jury and made part of the record in the case, with the same legal force as live testimony. In some states, depositions can be offered into evidence even if the witness is available. In any case, one party can use a deposition to contradict the witness's testimony in open court.

Depositions can be videotaped, so that the videotape may be played for judge and jury.during the trial.

After a number of witnesses have been deposed, the parties will have enough information that they can reasonably predict the outcome of a prospective trial, and may decide to arrive at a compromise settlement, thus avoiding trial and preventing additional costs of litigation. Accordingly, while most depositions are not videotaped, it may be of value for parties to make a positive impression on the opposing side's lawyers with respect to affect and appearance because these are telling factors as to how that person will present in front of a jury.

Depostions in Criminal Procedure in the United States

The reasons for which a deposition may be taken varies among jurisdictions. Each state has its own laws which govern the taking of depositions.

Most jurisdictions provide that depositions may be taken to perpetuate the testimony of a witness, that is, preserve their testimony for trial. If the person requested to testify (deponent) is a party to the lawsuit or someone who works for an involved party, notice of time and place of the deposition can be given to the other side's attorney, but if the witness is an independent third party, a subpoena must be served. The deposition of the witness is taken and may be used to establish the witness' testimony in lieu of the witness actually testifying. In depositions to preserve testimony, the 6th Amendment's Confrontation Clause establishes the Constitutional right of the defendant be present during the deposition and to cross examine the witness. The defendant may waive this right.

Depositions For Discovery

Some jurisdictions provide that depositions may be taken for purposes of discovery. In these jurisdictions, the defendant does not have a constitutional right to be present, although such a right may be established by statute. A defendant in a criminal case may not be deposed without his consent because of the 5th amendment right to not give testimony against oneself.

International Depositions and Court Reporting or Videography

International Court Reporters, Inc. has teams of seasoned professional court reporters, legal videographers, translators and interpreters for your next deposition, EUO, meeting or video conference.

Phone: 888.749.1300 | Internationally: 440.826.4000 | Fax: 866.819.2317

International Court Reporter Judicial Assitance

The United States of America government has assembled information that can be helpful for those doing depositions abroad. Below are links to information that may be of value to those traveling to foreign nations to complete depositions. It is advisable to always verify any information before taking actions in situations such as international court cases.

In the Middle East, Judicial Assistance informaton is essential in navigating what could be an unfamilar culture:

Learn more about Israel Court Reporter Judicial Assistance.

Learn more about Iraq Court Reporter Judicial Assistance.

Learn more about Iran Court Reporter Judicial Assistance.

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Learn more about Saudi Arabia Court Reporter Judicial Assistance.

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In Africa, Judicial Assistance informaton is essential in navigating what could be an unfamilar culture:

Learn more about Angola Court Reporter Judicial Assistance.

Learn more about Egypt Court Reporter Judicial Assistance.

Learn more about Libya Court Reporter Judicial Assistance.

Learn more about South Africa Court Reporter Judicial Assistance.