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Written interrogatories may be used effectively in almost every lawsuit. They may be used to particularize and elaborate notice pleadings and to refine and narrow the eventual issues for trial.
The act of questioning a deponent under oath, either a witness or a party to a lawsuit, at a deposition. Such an action is taken during the pre-trial discovery process.
To testify or affirm under oath, especially in a written statement: to depose that it was true. Law. to take the deposition of; examine under oath: Two lawyers deposed the witness.
Overview. A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."
Transitive verb. 1 : to testify to under oath or by sworn affidavit. 2 : to take testimony from especially by deposition plaintiffs2026
These written questions resemble interrogatories, but they may be addressed to any person or entity, not just persons who are party to the litigation. Before a deposition on written questions is sent to the deponent, it must be sent to the other parties in the lawsuit.
A deposition is the legal term for a formal, recorded, question and answer session which occurs when the witness is under oath. A deposition generally serves two purposes: (1) find out what you know; and (2) preserve your testimony for later use (either in motions to be filed with the Court or at trial).
Deposition by written questions is essentially the same as an in-person, oral deposition, only the attorney's questions are written down and approved before the deposed person is required to answer them.
California Evidence Code Section 1291 states that former deposition testimony is admissible in the event the party against whom it is offered had the right and opportunity to cross-examine the declarant with an interest and motive similar to that which he has at the hearing. (Cal. Evid. Code § 1291(a)(2).)