What are the two types of depositions?

Depositions are an enormously useful and important resource and typically the most effective way for parties to obtain information necessary for trial. Illinois rules provide for two types of depositions: discovery depositions and evidence depositions.

What is the point of a deposition?

The deposition has two purposes: To find out what the witness knows and to preserve that witness’ testimony. The intent is to allow the parties to learn all of the facts before the trial, so that no one is surprised once that witness is on the stand.

What is an example of deposition?

The most typical example of deposition would be frost. Frost is the deposition of water vapour from humid air or air containing water vapour on to a solid surface. Solid frost is formed when a surface, for example a leaf, is at a temperature lower than the freezing point of water and the surrounding air is humid.

What cant be asked in a deposition?

In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information or the court previously ordered that the information cannot be revealed (source).

What is deposition?

DEPOSITION, evidence. The testimony of a witness reduced to writing, in due form of law, taken by virtue of a commission or other authority of a competent tribunal. 2. Before it is taken, the witness ought to be sworn or affirmed to declare the truth, the whole truth, and nothing but the truth.

How is deposition testimony taken?

Deposition testimony is taken orally, with an attorney asking questions and the deponent (the individual being questioned) answering while a court reporter or tape recorder (or sometimes both) records the testimony.

What is an exhibit in a deposition?

Any documents, photographs, or other evidence referred to during the deposition is marked and numbered as exhibits for the deposition, and the court reporter attaches copies of these exhibits to the subsequent deposition transcript.

What happens if a witness dies during a deposition?

If a witness dies unexpectedly before trial, a videotaped deposition can be admitted in lieu of live testimony because the deposition was taken under oath and the opposing attorney had the opportunity to cross-examine the witness. Another advance in technology is the ability to take depositions by telephone.