Which discovery method uses sworn testimony of a witness without appearing in court?

• A. Deposition by Written Questions
• B. Interrogatories
• C. Affirmation
• D. Deposition

Answer: (D)

In discovery, a deposition is the process of obtaining sworn testimony from a witness outside the courtroom. The witness is questioned under oath, and the proceedings are typically recorded by a court reporter. This happens away from the trial, which is why the testimony is described as occurring without appearing in court on the trial date.

Why this choice fits best: the term deposition encompasses the out-of-court, sworn testimony process used to gather firsthand information before a case goes to trial. The other options don’t fit as well because:

• Interrogatories are written questions directed to a party, answered in writing under oath, but there is no live witness testifying in person.

• Affirmation is simply an oath substitute, not a method for obtaining testimony.

• Deposition by Written Questions is a form of deposition, but the general method described by the question refers to the standard deposition process of sworn testimony outside the courtroom; the broader term covers it.