The discovery process allows parties in a legal proceeding to gather essential facts, including witness statements given by a deponent. Depositions are less formal than trials, and the transcript can be used to make decisions and impeach witnesses. In some cases, a deposition can be used in place of actual court testimony.
In a legal proceeding, the parties involved in the case have the right and opportunity to determine the essential facts of the case. This process of information gathering and fact-finding is known as the discovery process. A witness statement is testimony given by an individual known as a deponent, questioned by an attorney during the discovery process.
Although deposing a witness is a legal procedure, it is usually a less formal process than a trial in court and generally takes place without the presence of a judge. During a witness deposition, the deponent is asked questions by an attorney and gives all testimony under oath. A written record of all questions asked by the attorney and answers by the deputy are recorded and maintained as an official deposition transcript. A copy of the transcript is given to all parties at the end of the deposition and usually the deponent is given the opportunity to examine it for any errors. In some cases, the parties involved may also choose to record a deposition over an audio or video recording.
Once testimony from all deponents has been gathered, attorneys on both sides of the case use the information to make decisions about their future actions or strategies for the particular case. For example, a prosecutor may decide not to charge an individual with a crime, based on the testimony collected. A defense attorney may decide to seek a plea deal with the prosecutor to avoid a trial for a client after reviewing depositions.
The deposition transcript becomes part of the official record of a legal proceeding and can be used to impeach a witness if testimony is given in a trial that contradicts the testimony given at the deposition. When a witness is impeached, they generally question the credibility of a witness and the testimony given, and can seriously injure the party for whom the witness is testifying. Lawyers often use depositions to block testimony from a witness on the opposing side of a case, so that the witness cannot significantly change her testimony during a trial without the threat of impeachment.
In limited situations, a textual deposition can also be used in place of a witness actually testifying during a trial. When this occurs, the deposition transcript is typically read to the judge or jury and becomes part of the court transcript. Because many legal systems provide the defendant with the ability to cross-examine his or her accusers, using a witness statement instead of actual court testimony is generally only applicable when a witness is unable to testify in court at cause of incapacity or death.
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