What is the difference between a deposition and a trial in business litigation?
In business litigation, a deposition and a trial are two different procedures. A deposition is a fact-finding process outside of the courtroom where opponents can ask each other questions under oath. Depositions are usually used to gather information and testimony in advance of the trial. On the other hand, a trial is a final process held in a court of law to determine legal rights. During a trial, parties present evidence and witnesses in order to prove their case. The judge or jury then makes a decision on the legal rights of the parties. A deposition can be used to strengthen or weaken a case before it goes to trial. The evidence obtained in a deposition can be used in a trial to prove or disprove certain facts. Depositions can also help attorneys and clients prepare for a trial by knowing ahead of time what kind of evidence may be presented. In Indiana, the procedures for depositions and trials in business litigation are clearly outlined in the Indiana Rules of Civil Procedure. They set out the times when depositions may be taken, the rules for taking depositions, and the procedures for trials. Overall, the main difference between a deposition and a trial in business litigation is that a deposition is used to gather information before a trial, while a trial is the final process used to determine legal rights.
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