What defines a deposition?

A deposition is defined as an out-of-court testimony under oath, which is a crucial element in the legal discovery process. During a deposition, a witness provides verbal testimony while being questioned by attorneys, and this testimony is recorded for later use in court proceedings. The sworn nature of the testimony means that the witness is obligated to tell the truth, just as they would in a courtroom setting. This process allows attorneys to gather relevant facts, assess witness credibility, and prepare for trial.

The other options represent different legal concepts. A sworn declaration submitted to the court serves a different purpose and is often in written form. A summary of case facts does not capture the intricate process that occurs during a deposition, which focuses on live questioning and testimony. Lastly, while a legal document presented by a witness may seem related, it does not encompass the interactive nature and purpose of a deposition, which aims to discover information through direct questioning under oath.