What is a deposition?

A deposition is a type of legal proceeding in which a witness or party to a lawsuit answers questions under oath in front of a court reporter or other legal professional. In Maryland, depositions are typically conducted entirely in writing or by video and audio recordings. These kinds of depositions are used to gather evidence in civil and criminal matters. For instance, an opposing party in a civil case may take a deposition to examine a witness or ask questions related to a lawsuit. In a criminal case, a prosecutor may use a deposition to gather testimony intended to be used at a future trial. During a deposition, the person taking the deposition—often a lawyer—will ask questions and the other party—the witness—is required to answer truthfully under penalty of law. Depositions are usually conducted outside of court, but the testimony can be used in court to support a case.

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