Definition of DEPOSITION in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.
Definition of DEPOSITION
The testimony of a witness taken upon interrogatories, not in open court, but in pursuance of a commission to take testimony issued by a court, or under a general law on the subject, and reduced to writing and duly authenticated, and intended to be used upon the trial of an action in court. It is sometimes used as synonymous with "affidavit" or "oath," but its technical meaning does not include such terms. State v. Lord, 42 N.M. 638, 84 P.2d 80, 94.
A written declaration under oath, made upon notice to the adverse party for the purpose of enabling him to attend and cross-examine, or upon written interrogatories. N. S. Sherman Machine & Iron Works v. R. D. Cole Mfg. Co., 51 Okl. 353, 151 P. 1181, 1182. It is the giving of notice to the adverse party which especially distinguishes a deposition from an affidavit. Zinner v. Louis Meyers & Son, 181 Misc. 344, 43 N.Y.S.2d 319, 320.
The term sometimes is used in a special sense to denote a statement made orally by a person on oath before an examiner, commissioner, or officer of the court, (but not in open court,) and taken down in writing by the examiner or under his direction. Sweet.
In Ecclesiastical law. The act of depriving a clergyman, by a competent tribunal, of his clerical orders, to punish him for some offense and to prevent his acting in future in his clerical character. Ayl. Par. 206.
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That's the definition of DEPOSITION in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms. Courtesy of Cekhukum.com.
