Litigation and Procedure Discovery: Depositions. Depositions - Key Terms. Deposition A discovery device permitting a party’s attorney to question a witness or party spontaneously and under oath before trial, and to record the testimony. Deponent
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A discovery device permitting a party’s attorney to question a witness or party spontaneously and under oath before trial, and to record the testimony.
A witness or party giving testimony under oath and recorded before trial.
A document pursuant to a court order that commands a person to appear to testify.
A document pursuant to a court order that commands a person to appear with certain documents or tangible things.
Use abbreviations and short forms if they are clear.
Be accurate; avoid distortion or interpretation.
Use subheadings and write in short paragraphs.
Use page and line number references in margins.
Use sheet or slip method of recording.
Use paraphrase or ellipsis summary.
Include accurate references to dates, exhibits, court reporter’s notes on witness’s behavior, objections, admissions, stipulations, document requests, and notes on witness effectiveness.