Which discovery procedure involves taking sworn testimony of a witness outside the courtroom?

Study for the New York State Court Assistant Legal Terminology Test. Utilize flashcards and multiple-choice questions, each complete with hints and explanations. Get ready for your exam!

Multiple Choice

Which discovery procedure involves taking sworn testimony of a witness outside the courtroom?

Explanation:
A deposition is sworn testimony taken outside the courtroom. In this setting, a witness answers questions under oath, typically in a lawyer’s office or a deposition room, and a court reporter records everything for a transcript that can be used later in trial. Depositions let lawyers ask direct questions, assess credibility, and preserve testimony for later use, including impeachment if the witness later contradicts what was said. This is different from written discovery tools: interrogatories are questions answered in writing under oath without live questioning; an affidavit is a sworn, written statement from a witness; sanctions refer to penalties for discovery abuses rather than a method of obtaining testimony.

A deposition is sworn testimony taken outside the courtroom. In this setting, a witness answers questions under oath, typically in a lawyer’s office or a deposition room, and a court reporter records everything for a transcript that can be used later in trial. Depositions let lawyers ask direct questions, assess credibility, and preserve testimony for later use, including impeachment if the witness later contradicts what was said. This is different from written discovery tools: interrogatories are questions answered in writing under oath without live questioning; an affidavit is a sworn, written statement from a witness; sanctions refer to penalties for discovery abuses rather than a method of obtaining testimony.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy