Legal Definitions - take a deposition

Definition: To obtain the testimony of a witness by deposition. A deposition is a witness's out-of-court testimony that is reduced to writing (usually by a court reporter) for later use in court or for discovery purposes.

Examples:

• Apex Deposition: The deposition of a person whose position is at the highest level of a company's hierarchy. Courts often preclude an apex deposition unless the person to be deposed has particular knowledge regarding the claim, and the requesting party cannot obtain the requested information through less intrusive means.
• Deposition de Bene Esse: A deposition taken from a witness who will likely be unable to attend a scheduled trial or hearing. If the witness is not available to attend trial, the testimony is read at trial as if the witness were present in court.
• Deposition on Written Questions: A deposition given in response to a prepared set of written questions, as opposed to a typical oral deposition. The advantage of a deposition on written questions is that counsel for the parties need not go to some distant place to be present at the taking of the deposition.
• Oral Deposition: A deposition given in response to oral questioning by a lawyer.
• 30(b)(6) Deposition: The deposition of an organization, through the organization's designated representative. Under Rule 30(b)(6), a party may take the deposition of an organization, such as a corporation.

These examples illustrate the different types of depositions that can be taken to obtain testimony from a witness. Depositions are often used in legal proceedings to gather evidence and information before a trial or hearing. They allow lawyers to ask questions and obtain answers from witnesses who may not be available to testify in court.