Depositions: An Overview

on July 15, 2025

What are depositions?

In law, a deposition is a witness's sworn out-of-court testimony, taken under oath before a trial, and recorded by a court reporter. It's a crucial part of the pre-trial discovery process, where parties gather information from each other and witnesses. Depositions help parties assess the strengths and weaknesses of their cases, potentially leading to settlements or shaping trial strategy.

Key Aspects of a Deposition

• Purpose: Depositions help parties understand the facts of the case, assess the credibility of witnesses, and potentially settle the case before trial.

• Out-of-Court Testimony:Depositions occur outside the courtroom, typically in a lawyer's office or a conference room.

• Sworn Under Oath: The witness, known as the deponent, is sworn to tell the truth, and any false statements can lead to perjury charges.

• Discovery Process: Depositions are a key component of discovery, where parties gather information and evidence before trial.

• Formal Record: A court reporter transcribes the testimony, creating a record that can be used later in court.

• Impact on Trial: Deposition testimony can be used at trial if the witness is unavailable, contradicts their prior statements, or makes statements against their legal interest.

What are some of the rules when being deposed?

In the United States, a person can be compelled to attend a deposition only if it takes place within 100 miles of their residence, place of employment, or where they regularly conduct business in person. This rule applies to non-parties as well as parties involved in the case. This rule helps to avoid imposing undue burden on the deponent.

Invoking the Fifth Amendment

A party to a deposition can invoke the Fifth Amendment right against self-incrimination if they have a reasonable fear that their answers could lead to criminal prosecution. However, this privilege must be asserted for specific questions rather than as a blanket refusal to answer

A deponent must answer all questions at a deposition, except to preserve a privilege or right of confidentiality, to enforce a limitation set forth in an order of a court, or when the question is plainly improper and would, if answered, cause significant prejudice. Any refusal to answer or direction not to answer must be accompanied by a succinct and clear statement of reason. If the deponent does not answer a question, the examining party has the right to complete the remainder of the deposition.

What Happens During a Deposition?

• Attorneys Present: Attorneys for all parties involved in the case are typically present.

• Examination and Cross-Examination: Attorneys question the deponent, and the questions can be broader than those allowed in court.

• Objections: Attorneys can make objections to questions, but the deponent usually must still answer.

• Review of Transcript: After the deposition, the court reporter provides a transcript, which the deponent can review and correct.

Case of Note

Blake Lively v. Justin Baldoni and Wayfarer Studios

Judge Lewis J. Liman has recently found in favor of Blake Lively's request to be deposed at her attorney's office instead of the opposing party's office. Lively is allowed to be deposed at her lawyer's office because of  concerns that Justin Baldoni's legal team might create a media spectacle if the deposition took place at their office. Lively's team argued that this location change was necessary to protect her from potential paparazzi and media ambushes.

Ruling on Deposition Location

Blake Lively has been granted permission to have her deposition at her lawyer's office due to concerns raised by her legal team. They argued that holding the deposition at Justin Baldoni's attorney's office could lead to a media spectacle, potentially exposing Lively to paparazzi and unwanted public attention.

Court's Decision

A judge ruled in Lively's favor, allowing her to choose the location for her deposition. This decision was made after her team expressed fears that Baldoni's lawyers might invite media or social media influencers to the deposition, compromising its confidentiality.

Legal Rationale

Lively is involved in a legal battle against Baldoni, where she has accused him of sexual harassment and retaliation related to their work on the film "It Ends With Us." The judge's ruling aims to ensure a fair and private environment for the deposition, addressing Lively's concerns about being ambushed by the media. 

Additionally, Baldoni's legal team is required to submit a list of attendees for the deposition, further ensuring that the proceedings remain controlled and professional.The list of attendees for Blake Lively's deposition has not been publicly disclosed yet, but Justin Baldoni's legal team is required to submit it by noon on Tuesday, July 15, 2025. This list will include everyone who will be present during the deposition scheduled for July 17, 2025.