What is deposition?

• A. a witness's sworn out-of-court testimony
• B. a document filed with the court before trial
• C. a summary of a witness's testimony at trial
• D. an oath administered in court

Answer: (A)

A deposition is sworn testimony given outside the courtroom during discovery, where a witness answers questions under oath and the proceedings are recorded by a court reporter. This out-of-court record can be used later in trial, to impeach testimony, or to preserve evidence if the witness can’t attend. In Texas, a notary public may administer the oath for the deposition and help ensure the procedure is properly conducted and the transcript is valid. The other descriptions don’t fit because a deposition is not a document filed with the court before trial, nor is it merely a summary of testimony at trial, and while an oath is involved, it is administered outside the courtroom for a deposition, not inside.