5.1 Overview

• Library: Civil Discovery in Virginia (Virginia CLE) (2021 Ed.)

5.1 OVERVIEW

A deposition is the presentation of a series of oral questions to a witness who answers the questions under oath. Because of the opportunity for follow-up questions and personal observation of the witness, depositions have obvious advantages over written discovery. Attorneys traditionally have taken depositions for the purpose of discovering what a witness knows about a contested matter, including information about other potential witnesses or the existence of documents relevant to the case. Depositions are also used to preserve or present evidence in an action. Another critical function of a deposition is to determine a witness's credibility, demeanor, and overall potential effectiveness before the trier of fact. Additionally, it is now commonplace to take depositions of key witnesses for submission to a prospective expert witness to assist that expert in formulating his or her opinions.

Depositions add to the body of evidence in a case, create the framework for trial testimony, provide the basis for evidentiary motions, and form the basis for impeachment. Although the Rules of the Virginia Supreme Court generally prohibit the use of depositions as a basis for...