The Basics of a Deposition

A deposition is an oral statement that is taken under oath as part of the formal discovery process that is used in legal proceedings. Depositions can be conducted by either party and are used to gather information about the case from witnesses or experts. If you’re planning a deposition near San Jose, you may need to secure certain deposition services, such as a court reporter, court stenographer, or notary. Here is some general information about the basic deposition process.

Deposition Procedure

A deposition will not be taken in court. Depositions can be held at an attorney’s office, or in a conference room or meeting room. The adverse party and the person being deposed must be given adequate notice of the date, time, and subject of the deposition. This notification time will vary based on state laws and statutes. During the deposition, an attorney will ask a witness or expert a series of questions about facts related to the case. All questions must be answered under oath. A court reporter or court stenographer creates a transcript of the deposition as it is being taken. You may also choose to do a video deposition.

Deposition Services

You may be required under law or statute to use certain deposition services during the deposition. You must use a certified court reporter, court stenographer, or certified transcription services during the deposition. This is necessary to create a legal record of the deposition by a neutral third party. You may also need notary services if there are any documents or affidavits that must be signed in the presence of a notary. If you’re deposing someone who is hearing impaired or does not speak or understand English, you will need to provide interpreting services.

Court Transcripts

After the deposition is completed, the court reporter, court stenographer, or transcription services company will provide a court transcript of the proceedings. This is a precise, word-for-word documentation of everything that was said on the record during the deposition. This court transcript may be used as evidence in a trial, or as an exhibit for legal filings.