Deposition

The official statement by a witness taken in writing (as opposed to testimony which where a witnesses give their perception of the facts verbally).

In the USA, a pretrial cross-examination of the other litigants or witnesses.

A recorded official statement by a witness transcribed in writing.

In the USA, a deposition refers to an examination under oath before a stenographer or a Court reporter (but not a judge), akin to the Canadian examination for discovery, at which the questioning party is allowed great latitude and gets to question witnesses on essential elements of the evidence.

As modern society became more sophisticated during the early years of the 1900s, judges began to notice that cases were run by ambush, with the defendant not fully aware of the plaintiff's case before trial, and the plaintiff not always aware of the defendants position before trial. In many cases, the matter could have been settled before trial had that knowledge been compellable. Thus, in a controlled manner, litigants are now obliged to present their case to the other side not only in pleadings but also challenged by way of questioning at a pretrial, but under oath cross-examination session known as a deposition.

The cost of a deposition will vary depending on the length of the deposition as a litigant will pay for both the reporter's time and, if so ordered, a copy of the transcript, which usually runs on a per page rate.

Just like the transcript of an examination for discovery in Canada, a deposition transcript, once trial has started, is useful only in the event that a witness changes his story, in which case, the attorney may challenge the witness' credibility by contrasting his evidence at trial with the deposition transcript