What is a deposition?

A deposition is indeed defined as a sworn out-of-court testimony by a witness. This legal process involves the witness answering questions posed by attorneys from both sides before a trial. The testimony given in a deposition is recorded and can be used later in court, making it a critical part of the discovery phase of litigation. It is also a formal procedure that upholds the integrity of the testimony, as witnesses must affirm that their statements are truthful, much like they would in court.

The other options describe different legal processes but do not accurately define a deposition. For example, while an informal interview with witnesses may occur during investigations, it lacks the formal requirements and legal ramifications of a deposition. A sworn statement taken during a trial refers to what occurs in court rather than the discovery process, and a written statement submitted to the court does not include live questioning and responses as seen in depositions. Thus, understanding the formal nature and purpose of depositions is vital in the context of civil litigation procedures.