There are many ways to differentiate and distinguish types of depositions. Thus, the answer depends on what you mean by "different."
What is a deposition?
A deposition, of course, is a litigation tool for civil lawsuits where lawyers ask a witness to answer questions related to the lawsuit. Dividing depositions into “oral” and “written” deposition is one method of categorization. For oral-type depositions, the witness is usually asked to appear someplace for the questions and answers. Examples include requesting the witness to appear at the courthouse, at a lawyer’s office, in the conference room in a business office, and more. Other persons also appear at the place and time of the oral deposition including lawyers for the parties, possibly a lawyer for the witness, parties, and a court reporter. The court reporter is there to transcribe the oral questions and answers into a written transcript.
The written transcript is the one common feature of all types of depositions. A deposition transcript is certified as accurate and can be used for various purposes in the litigation.
What is a written deposition?
For a written deposition — more accurately called a deposition by written question — often, the witness is not asked to go anywhere or appear anywhere. As the name suggests, all the questions are written and, generally, a court reporter goes to where the witness is and reads the questions. The court reporter then transcribes the answers that are given by the witness to the questions. Generally, only the court reporter and the witness are present during a deposition by written question.
What is an oral deposition?
Another method of categorization could be used for oral depositions. These types would be in-person, remote, and some combination or hybrid. Twenty years ago, nearly every deposition was in person. This meant that all people would appear at the same time at the same location (like a conference room at one of the lawyer’s offices). All of the participants — including the court reporter — would be in the same room and, as such, would be visible to each other in terms of “body language” and demeanor. The questions and answers would begin and continue until all of the questions had been asked. Generally, there is only one deposition of any given witness.
What is a remote deposition?
Remote depositions have most of the same characteristics, but the participants appear remotely in two or more locations via internet video and audio software linkages. Zoom conferences and FaceTime are widely known examples of how such technology can be used.
In this respect, we can also categorize depositions into two types: transcribed and videoed. Video depositions have been much more common in the past couple of decades as video equipment and storage options have become more economical.
What are pre-trial depositions? What are discovery and evidence depositions?
Finally, deposition types can be broadly divided into “pre-trial” and “for-trial” depositions. These are generally called “discovery” and “evidence” depositions. The pre-trial type of deposition is used to prepare for trial. The transcript (or video) will not be used at trial absent agreement or some limited uses (like for impeachment of a witness). By contrast, a “for-trial” deposition — an evidence deposition — is explicitly designed to be used at trial. The transcript of the evidence deposition prepared by a court reporter will be read to the jury or judge during the trial (in whole or in part). An evidence deposition might be scheduled and taken for many reasons such as when a witness will be unavailable when the trial is scheduled or if there is a concern that the witness might become deceased before the trial starts.
Contact Elizabeth Gallo Court Reporting Today
For more information, call the experienced court reporters at Elizabeth Gallo Court Reporting. We follow the best practices in order to provide excellent litigation support to our customers. Contact us today to learn about our services and how we can help you.
