Deposition
Sworn, out-of-court testimony given by a witness or party, recorded by a court reporter and usable at trial — a core discovery tool.
A deposition is live, sworn testimony taken outside the courtroom during the discovery phase. The witness (deponent) is placed under oath and questioned by attorneys from both sides. A court reporter transcribes every word; the transcript becomes part of the official record. Depositions of expert witnesses, key fact witnesses, and parties themselves are standard in any serious litigation.
Depositions serve three purposes: lock in the witness's story before trial (preventing shifting testimony), gather information that may lead to other evidence, and assess how a witness will perform in front of a jury. If a witness testifies differently at trial than in their deposition, the prior testimony can be used to impeach (discredit) them.
Costs are significant: attorney time ($300–$700/hour), court reporter fees ($400–$600 for a half-day), and transcript fees ($3–$5/page). A single expert deposition can cost $3,000–$8,000. Video depositions add $500–$1,500 for the videographer. Multiple depositions in complex litigation quickly become a six-figure expense.
Real-World Example
The defendant's deposition took six hours; when she testified at trial that she "never saw the hazard," her attorney impeached her with the deposition transcript where she admitted seeing it three days before the accident.