What is a deposition?

A deposition is an out-of-court statement made by a witness under oath before a court reporter. During a deposition, the lawyer will ask questions of the witness, who must answer them truthfully. Depositions are used to gain information from a witness before a trial takes place. In North Carolina, depositions are typically taken in the office of an attorney. The court reporter administers the oath to the witness, who then testifies and answers the lawyer’s questions. These answers are recorded and become a part of the case record. A deposition is part of the pre-trial discovery process and can be used to assess a witness’s credibility. Depositions are voluntary, but once a witness agrees to participate in one, they must appear and answer questions. The witness is allowed to have their lawyer present for legal advice. The witness can also ask their attorney to object to any questions that the witness may find objectionable. If a witness fails to appear for a deposition, the attorneys can file a motion with the court to have the witness held in contempt of court. This means that the witness may be fined or even jailed for refusing to appear for their deposition. In North Carolina, depositions are a legal mechanism to obtain information from witnesses before the trial. They can provide valuable information and allow lawyers to assess the witness’s credibility in order to prepare their case.

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