Deposition

Deposition in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of deposition.

Resources

See Also

• Law Enforcement Officer
• Policeman
• Law Enforcement Agency

Further Reading

• deposition in A Dictionary of Law Enforcement (Oxford University Press)
• deposition in the Encyclopedia of Law Enforcement
• A Treatise on the Police of the Metropolis

English Legal System: Deposition

In the context of the English law, A Dictionary of Law provides the following legal concept of Deposition :

A statement made on oath before a magistrate or court official by a witness and usually recorded in writing. In criminal cases depositions are taken during committal proceedings before the magistrates’ court (See committal for trial). The usual procedure is that the prosecution witnesses give their evidence on oath and may be cross-examined by the accused or his legal advisers. The statement is then written down by the magistrates’ clerk, read out to the witness in the presence of the accused, signed by the witness, and certified by the examining magistrate. The accused must be present throughout and be allowed to cross-examine. If these conditions are not fulfilled, both the committal proceedings and the subsequent trial will be null and void. There are special arrangements for depositions to be written down out of court if a witness is dangerously ill and cannot come to court, and also for depositions by childre Depositions made in committal proceedings are accepted as evidence at the trial if the witness is dead or insane, unfit to travel because of illness, or is being kept out of the way by the accused; they are also accepted to show a discrepancy between the deposition evidence and evidence given later on orally at the trial.

In civil cases the court may order an examiner of the court to take depositions from any witnesses who are (for example) ill or likely to be abroad at the time of the hearing. At the taking of the deposition the witness is examined and cross-examined in the usual way, and the examiner notes any objection to admissibility that may be raised. The deposition is not admissible at the trial without the consent of the party against whom it is given, unless the witness is still unavailable.

See also letter of request.

Deposition Meaning in the U.S. Court System

An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.

Meaning of Deposition in the U.S. Legal System

Definition of Deposition published by the National Association for Court Management: a testimony given out of court, but is recorded by a court reporter and has the same requirements for telling the truth as testifying in the courtroom. At a deposition, attorneys for both sides are present to question the witness while a stenographer records the testimony for later use in court.

Concept of Deposition in the context of Real Property

A short definition of Deposition: Testimony of a witness taken under oath outside of court.

Concept of Deposition in the context of Real Property

A short definition of Deposition: Testimony of a witness taken under oath outside of court.

Meaning of Deposition in the Past

The act of depriving a clergyman, by a competent tribunal, of his clerical orders, to punish him for some offence and to prevent his acting in future in his clerical character. Ayl. Par. 206. [1]

Resources

Notes and References

1. Partialy, this information about deposition is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including deposition.

See Also

Deposition (Civil Judicial Process)

Deposition

Deposition