Deposition in law, the written testimony of a witness in a judicial proceeding.Deposition before a magistrate are the sworn statements or affirmations of those who are cognisant of the facts relating to a crime for which some person has been arrested.
These statements are committed to writing by the magistrate’s clerk, and read over and signed by the witness making them and by the magistrate. Such Deposition are not evidence at the trial of the accused, but those of a witness who is dead or too ill to travel are evidence.
Deposition whether in favour of or against the prisoner, may be taken before the committing magistrate in the presence of the prisoner, and subsequently given in evidence at the trial. To perpetuate the testimony of persons whose death is apprehended, or who are dangerously ill, a magistrate has power to take their evidence down in writing and transmit it to the proper quarter to be read at the trial in the event of the deponent.
How Does The deposition Work?
The depositions are an important part of the legal process. A deposition is a testimony given under oath outside the courtroom for the purpose of making a disclosure. The depositions can be used to gather information about a case and the testimony obtained during a deposition can be admitted in a court, in a litigation. Depositions are allowed in state and federal cases. The federal rules for depositions are in Rule 30 of the Federal Rules of Civil Procedure.
There are several important things you should know before you make a deposition, including:
- You have the right to notice : If you are represented by a counselor, then the appropriate notice must be made in writing to your lawyer. If you do not want to testify, then you can be compelled to appear to comply with the deposition request. The notice must be provided to all other parties to the complaint and include the name of the person who will make the deposition as well as the time and place to file it.
- You will be testifying under oath : that means you can be charged with perjury if your testimony is not true about the material issue of the case.
- You have the right to be represented by a lawyer: during your deposition.
Stools are typically held in a conference room or other meeting place and not inside the courtroom. You must expect at least one lawyer from each of the parties to the case and a person authorized to take the oath who, for the purposes of the deposition, is known as an official. Your testimony will be recorded and then transcribed.
The deposition shall begin with the official when he / she declares, for the record, the name and business address of the official as well as the date, time and place of the deposition. Then the officer will ask you to take an oath, similar to the one you gave when you testified in court, to ensure that your testimony is true. The official will also identify everyone in the room, during the deposition.
At the end of the deposition, for the file, the official will indicate the official final time of the deposition. Federal rules limit each deposition to a seven-hour day. The party that is surrendering the deposition must ask the court for more time, if it is required for the deposition.
Once the transcript of the deposition is completed, you will have thirty days to review it and make any necessary changes.If you have received a notice to file, then it is important that you consult with your attorney before the day the deposition will take place. Your lawyer will help you prepare the deposition and explain in more detail how depositions work.