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Unlike a deposition, which allows for a more probing inquiry and compels you to answer, your attorney can object to inappropriate questions if you are testifying. When an objection is raised, the judge will decide whether you must answer.
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."
What Is a Deposition in Law and What Is It Used For? A deposition is part of the evidence and information-gathering process pretrial. The sworn testimony given during a deposition is usually inadmissible as evidence, but deponents ? persons being deposed ? often bring an attorney to protect their interests.
1. A party may take the testimony of any person, including a party, by deposition upon oral examination without leave of court except as provided in paragraph 2 of this subsection. The attendance of witnesses may be compelled by subpoena as provided in Section 2004.1 of this title. 2.
A deposition is the taking of an oral statement of a witness under oath, before trial. Generally, it has two purposes: To find out what the witness knows, and to preserve that witness' testimony. The intent is to allow the parties to learn all of the facts before the trial, so that no one is surprised at trial.
§3230, which provides authority for depositions taken by means OTHER than stenographic reporting, and also provides for telephonic depositions. Paragraph C. 6 states: The parties may stipulate in writing or the court may upon motion order that a deposition be taken by telephone or other remote electronic means.
All testifying persons in a deposition, otherwise known as deponents, swear on oath to answer questions honestly.
It's based on Oklahoma Civil Rules of Procedure, which applies to pretty much all civil cases, and that requirement is you have to give three days' plus travel time notice of a subpoena to appear at court.