Deposition is a formal, out-of-court testimony given under oath by a witness or party as part of the discovery process. It is an essential element in which each side must present to a judge or a jury to support their claims. In the process of discovery, depositions allow both sides to gather facts, assess credibility, and preserve testimony for trial.

Depositions are commonly used in civil litigation, unlike criminal lawsuits. This process is usually conducted outside of the courtroom. The only people present in a deposition are the deponent, attorneys of both parties and a court reporter must be present to transcribe the testimony so it can be later used in court.

The notice for a deposition must comply with the FRCP 30, which must be in writing, it must state the time, the place, and identity of the person to be deposed, if the name is unknown, it should provide detailed description sufficient to identify the individual or the group they belong to. The notice must be served on all parties and the person to be deposed at least 14 days before the deposition, unless otherwise stipulated. However, would be considered disqualified to be deposed, any person who is any party’s relative, employee, or attorney; who is related to or employed by any party’s attorney; or who is financially interested in the action.