Depositions

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Background

A deposition is a pre-trial discovery tool commonly used in civil cases. During a deposition, a witness is subjected to pre-trial questioning by attorneys from the opposing side. These interviews are tape recorded and then later reduced by stenographers. The resulting documents are called depositions.

Depositions around the world

Australia

No formal right to depositions prior to trial.

Canada

The Canadian system has a similar pre-trial process called "examination by discovery".

England

No formal right to depositions prior to trial.

United States

Federal System

Depositions are typically not used for every witness in a federal criminal case. However, under Rule 15 of the Federal Rules of Criminal Procedure a witness may be deposed "in order to preserve testimony for trial. The court may grant the motion because of exceptional circumstances and in the interest of justice."[1]

=Indiana


See Evidence

Notes

  1. Federal Rules of Criminal Procedure, Rule 15