Who typically participates in 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 a pre-trial process in civil litigation where a witness gives sworn testimony, usually in response to questions from attorneys representing each party involved in the case. The correct answer highlights that both the witness and the attorneys for each party participate in this process.

During the deposition, attorneys utilize this opportunity to gather information, clarify facts, and assess the credibility of the witness, which can be vital for the progression of the case. This setting differs from a courtroom, as it is typically held outside of the courtroom environment, and there is no judge present to oversee the proceedings or make rulings on objections during the questioning. Thus, the presence of both the witness and the lawyers is crucial for the integrity of the deposition process, ensuring that all parties have a chance to formulate questions and respond to testimony.

In contrast, the other options not only misrepresent the participants involved in a deposition but also fail to recognize the collaborative structure inherent in this legal procedure.

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