Deposition

[L. Lat. depositio, q. v.] In practice. The testimony of a witness put or taken down in writing under oath or affirmation before a commissioner, examiner or other judicial officer, in answer to interrogatories and cross interrogatories.

3 Bl. Com. 449.

2 Tidd's Pr. 810, 811. "The ordinary and usual meaning of the word deposition is confined to written testimony, at least in legal proceedings."

Story, J., 1 Gallison's R. 497, 501.

A deposition is properly distinguished from an affidavit, (q. v.) which is always an ex parte statement drawn up in writing without any formal interrogation, and signed and sworn to by the party making it; although in affidavits the party is constantly called a deponent, and said to depose. See Depose, Deponent. In a more general sense. The act of giving testimony under oath; the testimony itself so given; a matter related upon oath.

1 Stra. 564, arg.

This seems to have been the original sense of the word, though no longer in use, at least in American practice.

Story, J., 1 Gallison's R. ub. sup.