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Definition Deposition - a discovery proceeding wherein the testimony of a witness under oath and reduced to writing.

Application in Divorce In a divorce, a deposition is often used to question the opposing spouse.

A deposition is one of several devices used in discovery in preparation for a trial. In a deposition, the deponent answers questions or written interrogatories. Depositions require a stenographer to transcribe the testimony, and they can be expensive.

A deposition becomes part of the record, and they are recorded word for word. As a discovery tool, a deposition preserves testimony while recollections are fresh.

A deposition can be recorded by video, in the case of a deposition de bene esse.

See De Bene Esse.

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