Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    Written testimony with cross-examination sworn to by the deponent.

  • Black's Law Dictionary: 2nd Edition

    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 law on the subject, and reduced to writing and duly authenticated, and intended to be used upon the trial of an action in court. Lutcher v. U. S., 72 Fed. 972, 19 C. C. A. 259; Indianapolis Water Co. v. American Strawboard Co. (C. Ct) 65 Fed. 535. A deposition is a written declaration under oath, made upon notice to the adverse party for the purpose of enabling him to attend and cross-examine; or upon written interrogatories. Code Civ. Proc. Cal. § 2004; Code Civ. Proc. Dak. § 465. A deposition is evidence given by a withess under interrogatories, oral or written, and usually written down by an official person. In its generic sense, it embraces ali written evidence verified by oath, and includes affidavits; but, in legal language, a distinction is maintained between depositions and affidavits. Stimpson v. Brooks, 3 Blatchf. 456, Fed. Cas. No. 13,454. The term sometimes is used in a special sense 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 clerical character. Ayl. Par. 206.