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What constitutes a "deposition"?

A sworn, out-of-court testimony recorded for later use in legal proceedings

A deposition is defined as a sworn, out-of-court testimony recorded for later use in legal proceedings. It typically involves witnesses who provide their accounts of facts related to a case, under oath, and can be cross-examined by attorneys. The purpose of a deposition is to gather information, preserve the testimony for future reference, and allow both sides to prepare for trial by understanding the witness's potential testimony.

In legal contexts, depositions are critical tools for discovery, enabling attorneys to collect evidence and assess the strength of the opposing party's case. The recorded testimony may be used in court if the witness cannot appear or to impeach the witness’s credibility if their trial testimony differs from what was said during the deposition.

Other options provided do not fit the definition of a deposition. A formal opinion issued by a judge refers to judicial opinions that explain the reasoning behind a court’s decision. An appeal involves seeking a review of a lower court's decision by a higher court, whereas a brief summary of a trial describes the trial proceedings but does not encompass the taking of testimony in a deposition.

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A formal opinion issued by a judge

A type of appeal against a court ruling

A brief summary of a trial

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