Which statement about depositions is correct?

Which statement about depositions is correct?

• A. They are informal written questions answered without oath
• B. They take place only after trial
• C. They are live oral examinations conducted under oath and recorded
• D. They cannot be used to impeach a witness

Answer: (C)

Deposition is a pre-trial discovery procedure in which a witness is questioned orally under oath, and the proceeding is recorded by a court reporter. The defining feature is that the testimony is live and sworn, with a transcript produced for use later in court. Because the witness is under oath and the record is made, that testimony can be read into evidence or used to impeach a witness if their trial testimony later diverges from what they said during the deposition. Depositions are aimed at gathering information and preserving testimony before trial, not after it, and they are not informal written questions answered without oath. This makes the statement describing depositions as live oral examinations conducted under oath and recorded the correct characterization.

Deposition is a pre-trial discovery procedure in which a witness is questioned orally under oath, and the proceeding is recorded by a court reporter. The defining feature is that the testimony is live and sworn, with a transcript produced for use later in court. Because the witness is under oath and the record is made, that testimony can be read into evidence or used to impeach a witness if their trial testimony later diverges from what they said during the deposition. Depositions are aimed at gathering information and preserving testimony before trial, not after it, and they are not informal written questions answered without oath. This makes the statement describing depositions as live oral examinations conducted under oath and recorded the correct characterization.