Which procedure is used to obtain testimony from a witness who cannot be present at trial and to create a transcript?

Which procedure is used to obtain testimony from a witness who cannot be present at trial and to create a transcript?

• A. Interrogatories
• B. Deposition
• C. Direct examination
• D. Cross-examination

Answer: (B)

Deposition. This procedure allows a witness who cannot be at trial to give sworn testimony outside the courtroom, with a court reporter recording every word to create an official transcript. It serves as a discovery tool and helps both sides evaluate the witness, preserve the testimony for later use at trial, and can be used to impeach the witness if their trial testimony later differs. Interrogatories involve written questions answered in writing, not live sworn testimony. Direct examination and cross-examination occur during the trial (or can happen in a deposition, but the primary purpose of a deposition is to obtain the sworn testimony and produce a transcript outside the courtroom).

Deposition. This procedure allows a witness who cannot be at trial to give sworn testimony outside the courtroom, with a court reporter recording every word to create an official transcript. It serves as a discovery tool and helps both sides evaluate the witness, preserve the testimony for later use at trial, and can be used to impeach the witness if their trial testimony later differs. Interrogatories involve written questions answered in writing, not live sworn testimony. Direct examination and cross-examination occur during the trial (or can happen in a deposition, but the primary purpose of a deposition is to obtain the sworn testimony and produce a transcript outside the courtroom).