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The Divorce Encyclopedia
Notice to Take (Oral) Deposition

Term Definition Notice to Take (Oral) Deposition - a request for the other party to appear at a specific place and time for an oral examination under oath.
Application in Divorce A deposition is another tool often used in discovery. Like any other step that leads toward litigation, civil practice and procedure demands that the deponent be properly notified.

A notice to take oral deposition is a request of a party involved in litigation that he or she appear and answer questions under oath. Depositions are often very long and very involved, and anyone who has ever given one can attest that they are very tiring. Lying during a deposition is perjury.

The questioning has the character of testimony in court. Normally the attorney of the deponent is present.

While the deponent need to nothing but appear, the attorney asking the questions prepares thoroughly.

A deposition preserves the testimony of a party that might be eroded by time. A deponent who testified in a deposition cannot easily change his or her story in a trial.

Normally, a deposition is given outside a courtroom, usually in a lawyer’s office, and a word-for-word account -- a transcript -- is made of the answers. This means a court reporter must be in attendance.

A deposition can be used to prepare for a trial and in it.

See Discovery.

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