Depositions

A deposition is a generic legal term that refers to written or oral questions.

Written Depositions

In a written deposition, a notice of intent is the document that contains the questions for the deponent to respond to. The deponent is then asked the questions (as well as any cross, redirect, and recross questions) contained in the notice of intent by a stenographer or court reporter. This method of deposition is often used when one party is unable to be present at the hearing and the most convenient way to depose is via the telephone.

Oral Depositions

In an oral deposition, the deponent is asked questions directly. The deponent’s answers are then recorded by a stenographer or court reporter. However, the answers may be recorded by videotape, audiotape, or in some cases over the phone. This deposition method is used when there appears to be a need for extensive follow-up questioning. An oral deposition also gives the attorney to view the body language of the deponent. It should be noted that an oral deposition is more expensive than a written deposition.