What is a deposition in civil litigation?

A deposition in civil litigation is a process where attorneys for both sides can ask questions of a party or witness involved in a legal dispute. This process often happens outside of court and is part of the discovery phase of a case. A deposition is a sworn statement made under oath in which the person being deposed must answer the questions truthfully. The purpose of a deposition is to provide an opportunity for each side of a case to gather evidence and information that will be used at trial. The deposition itself is conducted in a conference room, where there is usually a court reporter as well as the attorneys and parties. The court reporter will record all the questions and answers exchanged during the deposition. After the deposition, the court reporter will create a transcript of the deposition, which can be used in court if needed. Depositions help lawyers learn more about a case before trial. They can be a great tool for attorneys to learn more about the weaknesses and strengths of their case, as well as what evidence or witnesses they may need to present at trial. Depositions can also be used to obtain admissions from a party or witness that can be used as evidence at trial. In New York, depositions are governed by the New York Civil Practice Law and Rules.

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