<Tr> <Td> <Ul> <Li> </Li> <Li> </Li> <Li> </Li> </Ul> </Td> </Tr> <Ul> <Li> </Li> <Li> </Li> <Li> </Li> </Ul> <P> A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out - of - court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes . Depositions are commonly used in litigation in the United States and Canada . They are almost always conducted outside court by the lawyers themselves, with no judge present to supervise the examination . </P> <P> Depositions developed in Canada and the United States in the nineteenth century . Depositions are a part of the discovery process in which litigants gather information in preparation for trial . In nations that do not provide for depositions, testimony is usually preserved for future use by way of live testimony in the courtroom, or by way of written affidavit . Some jurisdictions recognize an affidavit as a form of deposition, sometimes called a "deposition upon written questions ." While in common law jurisdictions such as England and Wales, Australia, and New Zealand recording the oral evidence of supporting witnesses (' obtaining a statement') is routine during pre-litigation investigations, having the right to pose oral questions to the opposing party's witnesses before trial is not . </P>

A deposition is oral testimony given by a party or witness during the trial