A deposition testimony is a type of testimony obtained outside of the court. This can include sworn statements but not necessarily in the presence of a judge. As deposition usually refers to information gathered out of court, a deposition testimony can be gathered in an informal location and this can in the office of a lawyer.
While a deposition testimony is gathered, the two parties involved should be present. The witnesses of both sides may also be called to provide their respective testimonies. The judge or the jury may not need to be there as long as a lawyer and a court reporter is present. The role of a court reporter is to record the making of sworn statements and create an official court record.
A deposition testimony can fulfill several important objectives. One is to determine the extent of information a person knows. In line with this, his credibility in providing the information will be also be known. Additionally, the legal teams of both sides will be able to determine whether a certain witness should testify before a court trial or they could restrict the witness from telling a particular story he knows before the court.
During a deposition, a lawyer is not limited to asking questions regarding the case at hand. They can also ask witnesses about their personal and family life, employment history and current living condition. By considering an individual’s personal life, attorneys are able to determine the type of person providing the deposition testimony and his knowledge of the case.