Deposition

What deposition means

In practice, you will see deposition in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where deposition comes up

For example, the term appears in these procedures:

• Depositions (Fed. R. Civ. P. 30): questioning of a witness under oath, outside court, with a record made of the testimony.

How to research the term

Start with the primary source. For example, if deposition appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read deposition in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the official rule text online for free.

Related legal terms

• Discovery: the pretrial process in which parties obtain information and evidence from each other and from nonparties.
• Deponent: the person whose deposition is being taken.
• Demurrer: in California and some other states, a pleading that challenges the legal sufficiency of a complaint, similar to a federal motion to dismiss for failure to state a claim.
• Directed verdict: an older term for what federal courts now call judgment as a matter of law.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.