Interrogation and deposition are two methods used to obtain information in a trial. Interrogation involves written questions answered under penalty of perjury, while deposition involves questioning a witness under oath and recording the testimony. Deposition can be used as evidence in court if the witness becomes unavailable.
When two opposing parties prepare to go to trial, the disputing parties can use two methods to obtain important information about the facts surrounding the case: questioning and deposition. While both involve questioning the opposing side as part of the preliminary discovery process, they perform entirely different functions. Indeed, there is a fundamental difference between an interrogation and a deposition.
An interrogation, also known as a request for further information, is a series of written questions put to the other party which must be answered truthfully, in writing, under penalty of perjury. In the United States, the number of questions contained in an interrogation and the number of parties that may be called to respond are governed by the Federal Rules of Civil Procedure. However, under civil law, local courts may further limit the process. Generally, however, the number of questions per interrogation is limited to 25 per side. Also, because interrogations are often used for the purpose of clarifying simple background information about litigants, many attorneys prefer to use generic, preprinted interrogations.
The use of interrogation is more common in civil proceedings than in other types of actions, such as criminal law cases. For example, it can be an invaluable tool in a divorce case, where discovery of income and assets is needed to determine an equitable distribution between the parties. Interrogations are also commonly used in personal injury cases where negligence of the opposing party is alleged. In addition to providing background information, interrogation allows both sides to find out what facts and allegations will be presented at trial. However, there is one case where an interrogation cannot be used: to take evidence from a witness.
Pre-trial discovery evidence to be acquired from a witness is taken by deposition under oath. The witness, or deponent, is asked a series of questions directly by the opposing counsel and the entire process is recorded (and sometimes videotaped), as well as documented in a written transcript prepared by a stenographer. The opponent and the lawyer have the right to be present at the testimony of any witness.
The deposition is a particularly useful tool that can be used at trial to present first-hand testimony in the event that the witness becomes unavailable. For example, if the witness in question dies before the trial begins, a transcript of his testimony may be provided to the jury in lieu of live testimony in the courtroom. Additionally, it can be used to argue for the impeachment of the witness if live testimony contradicts admissions made earlier in the deposition. Statements made during a deposition can also be used when a witness has difficulty remembering events relevant to the case.
Protect your devices with Threat Protection by NordVPN
