DEPOSITION (OF. deposition. Fr. th'position. from Lat. deponcres to lay down). The testimony of a witness, legall• taken and committed to writing, by or in the present.). of a judge. referee, commissioner, notary public. or other duly official person. It is usuall• taken by virtue of a commission, or rogatory (q.v.) issuing out of the court in which the action is pending. or which has jurisdiction of the subject matter, if taken before trial.
The questions may be asked orally or may be submitted to the witness in the form if written interrogatories. The legal representatives of all parties to the action or proceeding :ire entitled to be present and to eross-examine the witness, or submit cross-interrogatories to he answered. If the competency of the witnesses or the admissi bility of the question, or answers is objected to, the objection must be stated to the court or ()dicer taking the deposition. and lie may either
rule the question at once, noting the objection. ruling, and exception, or reserVI• it fur the opin ion of the court from which the commission issued.
The laws of the State having jurisdiction of the litigation in which the evidence is to be used regulate the manner of taking the testimony, irrespective of the jurisdiction when it is taken. The competency and admissibility of the testi mony are determined by the rules of evidence in force where it is ofl',•rrd in coot. ate used in all courts, and they may be ordered taken where Ni it are out of the jurisdiction. or, if within the State, if they are very old and infirm or in feeble health, in order to perpetu ate their testimony in case of death before the trial. They moot be used, however, where the witness himself can he produced. see 1/1-.N11:: TI'STIMONY: 1Zw•.yronv.