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Deposition

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

The testimony of a witness taken upon interrogatories, not in open court, but in pursuance of a commission to take testimony issued by a court, or under a general Jaw on the subject, and reduced to writing and duly authenticated, and intended to be used upon the trial of an action in court. A. deposition is a written declaration under cath, made upon notice to the adverse party for the purpose of enaliling him to attend and cross-examine; or upon written interrogatories, Code Civil Proc. Cal. § 2004; Code Civil Proc. Dak. § 465, A deposition is evidence given by a witness under interrogatories, oral or written, and usually written dowu by au official person. In its generic sense, it embraces ail written evidence verified by oath, and includes affidavits; but, in legal language, a distinction is maintained between depositions and affidavits.

3 Blatch?. 456.

The term sometimes is used in a special sensa to denote a statement made orally by a person on oath before an examiner, commissioner, or officer of the court, (but not in open court,) and taken down in writing by the examiner or under his direction.

Sweet.

In ecclesiastical law

The act of depriving a.clergyman, by a competent tribunal, of his clerical orders, to punish him for some offense and to prevent his acting in future in his clericai ehuracter.

Ayl. Par. 206.