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What is a Deposition?

11/24/2019

 
You have a civil case pending, and your attorney asks for your availability to schedule a deposition.  He or she wants you to clear your calendar for a half-day, a full day, or maybe even several days.  But what is a deposition?
 
Well, depositions are the taking of sworn testimony from a witness outside of Court.  This type of fact-finding began in the early nineteenth century.  In a civil case numerous parties may be deposed.
 
During the deposition itself, an attorney will ask questions of a witness.  These questions can be very broad, and generally the person being deposed has to answer.  Of course, if the opposing side is asking questions, your attorney will be there and can object to certain questions.  Ohio Civil Rule 30 lays out the groundwork of how depositions can be used in civil cases. 
 
Depositions are a very useful tool.  They help lay out what evidence certain parties have.  They can be used in civil cases, custody/divorce cases, and even criminal cases.  In short, depositions can often save time and costs to narrow down the issues at trial.

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    Authors

    Attorneys Jesse Bowman; Max Kinman; Chris Alexander: David Wagner

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