What is a deposition?

Prepare for the NYLE Civil Practice and Procedure Test. Access flashcards and multiple choice questions, each with hints and explanations. Get fully prepared for your exam now!

A deposition is indeed best described as sworn testimony taken outside of court. This is a crucial part of the discovery process in civil litigation where parties gather information before trial. During a deposition, a witness is questioned under oath by attorneys from both sides, and the proceedings are recorded for later use. This allows both parties to understand the evidence and the witness's perspective, helping them prepare for trial.

The nature of a deposition—being under oath—means that the testimony given is legally binding. If a witness does not tell the truth during a deposition, they could face penalties for perjury. This makes depositions a powerful tool for both gathering information and assessing the credibility of witnesses.

In contrast, the other options describe different concepts related to legal proceedings. A type of court ruling pertains to judicial decisions, the formal charging document refers to a complaint or petition filed to initiate a lawsuit, and written questions submitted to the opposing party relate more to interrogatories, which are also a part of the discovery process but distinct from depositions.

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