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Deposition Toolkit (NJ)
Practical Law Toolkit w-022-1500 (Approx. 8 pages)
Resources to assist counsel with key aspects of taking and defending depositions in cases pending in the New Jersey Superior Court, Law Division, Civil Part or in non-foreclosure cases in the Chancery Division, General Equity Part. Specifically, this Toolkit offers links to resources related to noticing, preparing for, and taking and defending in-person or remote (virtual) depositions.
A deposition is a valuable discovery tool where a party, non-party, or an expert witness gives sworn out-of-court testimony before an officer authorized to administer oaths or affirmations. During a deposition, the deposing attorney asks the witness questions, the witness answers the questions, the defending attorney may object, and the court reporter transcribes the testimony for later use in the proceedings. A well conducted or defended deposition can influence the outcome of a case significantly. For example, parties may use deposition testimony to support or oppose a dispositive pre-trial motion or as leverage during settlement negotiations.
Depositions offer counsel the opportunity to:
- Use broad questions to obtain the witness's oral responses.
- Establish facts to support claims, defenses, or damages.
- Gather previously unknown facts.
- Learn as much as possible about the witness, including:
- assessing their credibility and effectiveness;
- obtaining their side of the story; and
- identifying the limits of their knowledge about the facts.
- Evaluate the case's strengths and weaknesses.
- Identify, authenticate, obtain, and confirm information about important documents.
- Locate other potential witnesses with relevant knowledge or documents.
- Preserve testimony for trial.
- Obtain sworn testimony that counsel may use to impeach or rehabilitate witnesses at a hearing or trial.
This Toolkit offers links to resources to guide counsel taking or defending in-person or remote (virtual) depositions in the New Jersey Superior Court:
- Law Division, Civil Part, including in the Complex Business Litigation Program (CBLP).
- Chancery Division, General Equity Part in non-foreclosure actions only.
For more on New Jersey courts, see Practice Note, State Court Structure (NJ).