What is a deposition?

A deposition is when a witness gives sworn testimony outside of the court and is questioned by opposing counsel

​A deposition is a legal process in which a witness or party to a lawsuit provides sworn testimony outside of the courtroom. It is typically conducted in the presence of an attorney and a court reporter who transcribes the testimony. Depositions are an essential part of the discovery process, allowing both sides of a case to gather information and evidence to build their arguments.

During a deposition, the witness is asked questions under oath by the opposing party's attorney. The purpose of the deposition is to obtain a clear and accurate account of the witness's knowledge and recollection of the events or facts related to the case. The questions asked during a deposition can cover a wide range of topics and may delve into specific details or seek clarification on certain points.

Depositions are commonly used in civil cases, such as personal injury, medical malpractice, or employment disputes. They can also be used in criminal cases, although they are less common. In civil cases, depositions allow attorneys to gather information about the opposing party's position, identify potential weaknesses in their case, and assess the credibility of witnesses. This information can be valuable in formulating a strategy for trial or negotiating a settlement.

The deposition process is governed by rules and procedures that vary by jurisdiction. The rules typically dictate who can be present during a deposition, how questions should be posed, and how objections can be raised. The witness is required to answer questions truthfully and to the best of their ability, as providing false or misleading testimony can have serious consequences.

The deposition transcript serves as an official record of the witness's testimony and can be used as evidence in court. It can also be used for impeachment purposes if the witness provides inconsistent or contradictory statements during trial. Additionally, depositions can help attorneys prepare for trial by allowing them to anticipate the opposing party's arguments and assess the strengths and weaknesses of their own case.

In summary, a deposition is a legal process that involves taking sworn testimony from a witness or party outside of court. It is an important tool in the discovery phase of a lawsuit, allowing both sides to gather information and build their respective cases. Depositions are governed by rules and procedures, and the testimony provided during a deposition can be used as evidence in court.

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The Law Offices of Timothy L. Miles
Tapestry at Brentwood Town Center
​300 Centerview Dr., #247
Brentwood, TN 37027
Phone: (855) 846–6529
​Email: [email protected]
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timothy l. miles, esq.

Nashville attorney Timothy L. Miles is a nationally recognized shareholder rights attorney raised in Nashville, Tennessee. Mr. Miles has dedicated his career to representing shareholders, employees, and consumers in complex class-action litigation. Whether serving as lead, co-lead, or liaison counsel, Mr. Miles has helped recover hundreds of millions of dollars for defrauded investors,  shaped precedent-setting decisions, and delivered real corporate governance reforms. Judges and peers have repeatedly recognized Mr. Miles’ relentless advocacy for the underdog, as well as his unbendable ethical standards. Mr. Miles was recently selected by Martindale-Hubbell® and ALM as a 2026 Top Ranked Lawyer, 2022 Top Rated Litigator. and a 2022 Elite Lawyer of the South. Mr. Miles also maintains the AV Preeminent Rating by Martindale-Hubbell®, their highest rating for both legal ability and ethics. Mr. Miles is a member of the prestigious Top 100 Civil Plaintiff Trial Lawyers: The National Trial Lawyers Association,​Class Action:  Class Action: Top National Trial Lawyers, National Trial Lawyers Association (2023), a superb rated attorney by Avvo, a recipient of the Lifetime Achievement Award by Premier Lawyers of America (2019) and recognized as a Distinguished Lawyer, Recognizing Excellence in Securities Law, by Lawyers of Distinction (2019); a Top Rated Litigator by Martindale-Hubbell® and ALM  (2019-2022); America’s Most Honored Lawyers 2020 – Top 1% by America’s Most Honored (2020-2022).  Mr. Miles has published over a thousand on various issues of the law, including class actions, whistleblower cases, products liability, civil procedure, derivative actions, corporate takeover litigation, corporate formation, mass torts, dangerous drugs, and more.  Please visit our website or call for free anytime.

CONTACT                                                      
The Law Offices of Timothy L. Miles
Tapestry at Brentwood Town Center
​300 Centerview Dr., #247
Brentwood, TN 37027
​​Phone: (855) 846-6529
​Email: [email protected]