What is Deposition?
Deposition is a crucial legal process where witnesses are questioned under oath outside of court in order to gather evidence for a case. It is a key part of the discovery phase in civil litigation and allows both parties to learn about the facts of the case before trial.
How Depositions Work
During a deposition, the witness is questioned by the attorneys of both parties, and a court reporter transcribes the testimony. The witness is required to answer questions truthfully, and the testimony can be used in court if the witness’s story changes.
Benefits of Depositions
- Provide a chance to gather evidence
- Allow for witness examination before trial
- Help parties prepare for trial
Examples of Depositions
One famous deposition is the Bill Gates deposition in the Microsoft antitrust case, where Gates was questioned for hours about Microsoft’s business practices. Another example is the O.J. Simpson deposition during his civil trial for the murders of Nicole Brown Simpson and Ronald Goldman.
Case Studies
In the case of Johnson v. Big Corp, a deposition revealed that Big Corp had known about a product defect for years but failed to take any action. This deposition played a crucial role in the final verdict, holding Big Corp accountable for damages.
Statistics on Depositions
According to a survey by the National Law Journal, 97% of attorneys believe depositions are essential for case preparation, and 89% believe depositions improve the chances of settlement.
