Legal Definitions - oral deposition

An oral deposition is when a witness gives testimony outside of court, usually in a lawyer's office, and it is recorded by a court reporter. The purpose of an oral deposition is to gather evidence for use in court or for discovery purposes.

• Deposition de bene esse: If a witness is unable to attend a trial or hearing, their deposition can be taken in advance. This is called a deposition de bene esse. The witness's testimony can then be read at trial as if they were present in court.
• 30(b)(6) deposition: Under the Federal Rules of Civil Procedure, a party can take the deposition of an organization, such as a corporation. The organization must then designate a person to testify on its behalf about the matters specified in the notice of deposition.
• Oral deposition: This is the most common type of deposition, where a witness is questioned by a lawyer and their answers are recorded by a court reporter.

These examples illustrate how oral depositions can be used in different situations, such as when a witness is unable to attend a trial or when an organization needs to designate a representative to testify on its behalf.