A deposition is a formal procedure where a witness provides sworn testimony outside of court, typically as part of the pre-trial discovery process in civil litigation. During a deposition, lawyers ask questions while a court reporter records every word, creating an official transcript. The witness is under oath and can face perjury charges for lying. Depositions serve multiple purposes: gathering information about the case, preserving testimony of witnesses who may be unavailable at trial, and evaluating how witnesses will perform under questioning. While depositions are more common in American legal practice, similar procedures called examinations for discovery exist in Canadian civil litigation. The testimony given can be used to challenge a witness if their trial testimony differs, or read into evidence if the witness cannot attend trial.
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Deposition