Deposition definition

Deposition





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5 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Deposition \Dep`o*si"tion\, n. [L. depositio, fr. deponere: cf.
     F. d['e]position. See {Deposit}.]
     1. The act of depositing or deposing; the act of laying down
        or thrown down; precipitation.
        [1913 Webster]
  


              The deposition of rough sand and rolled pebbles.
                                                    --H. Miller.
        [1913 Webster]
  
     2. The act of bringing before the mind; presentation.
        [1913 Webster]
  
              The influence of princes upon the dispositions of
              their courts needs not the deposition of their
              examples, since it hath the authority of a known
              principle.                            --W. Montagu.
        [1913 Webster]
  
     3. The act of setting aside a sovereign or a public officer;
        deprivation of authority and dignity; displacement;
        removal.
        [1913 Webster]
  
     Note: A deposition differs from an abdication, an abdication
           being voluntary, and a deposition compulsory.
           [1913 Webster]
  
     4. That which is deposited; matter laid or thrown down;
        sediment; alluvial matter; as, banks are sometimes
        depositions of alluvial matter.
        [1913 Webster]
  
     5. An opinion, example, or statement, laid down or asserted;
        a declaration.
        [1913 Webster]
  
     6. (Law) The act of laying down one's testimony in writing;
        also, testimony laid or taken down in writing, under oath
        or affirmation, before some competent officer, and in
        reply to interrogatories and cross-interrogatories.
  
     Syn: {Deposition}, {Affidavit}.
  
     Usage: Affidavit is the wider term. It denotes any authorized
            ex parte written statement of a person, sworn to or
            affirmed before some competent magistrate. It is made
            without cross-examination, and requires no notice to
            an opposing party. It is generally signed by the party
            making it, and may be drawn up by himself or any other
            person. A deposition is the written testimony of a
            witness, taken down in due form of law, and sworn to
            or affirmed by the deponent. It must be taken before
            some authorized magistrate, and upon a prescribed or
            reasonable notice to the opposing party, that may
            attend and cross-examine. It is generally written down
            from the mouth of the witness by the magistrate, or
            some person for him, and in his presence.
            [1913 Webster]

From WordNet (r) 2.0 [wn]:

  deposition
       n 1: the natural process of laying down a deposit of something
            [syn: {deposit}]
       2: (law) a pretrial interrogation of a witness; usually done in
          a lawyer's office
       3: the act of putting something somewhere [syn: {deposit}]
       4: the act of deposing someone; removing a powerful person from
          a position or office [syn: {dethronement}]

From Moby Thesaurus II by Grady Ward, 1.0 [moby-thes]:

  147 Moby Thesaurus words for "deposition":
     admission, affidavit, affirmation, allegation, allocation,
     alluvion, alluvium, ash, assertion, asseveration, assignment,
     attest, attestation, authority, authorization, averment,
     avouchment, avowal, bill, bill of complaint, bill of health,
     cashiering, certificate, certificate of proficiency, certification,
     cinder, claim, clinker, collocation, complaint, compurgation,
     credential, declaration, deconsecration, defrocking, deployment,
     deposal, deposit, deposits, deprivation, dethronement, diluvium,
     diploma, disbarment, disbarring, disclosure, discrownment,
     disenthronement, dismissal, displacement, disposition, draff,
     dregs, dross, ember, emplacement, excommunication, expulsion,
     feces, firing, forced resignation, froth, grounds, impeachment,
     instrument in proof, kicking upstairs, lading, lees,
     legal evidence, libel, liquidation, loading, localization,
     locating, location, loess, manifesto, moraine, narratio, navicert,
     nolle prosequi, nonsuit, notarized statement, note, offscum,
     ousting, overthrow, overthrowal, packing, pensioning off,
     pinpointing, placement, placing, position paper, positioning,
     posting, precipitate, precipitation, profession, purge, putting,
     removal, reposition, retirement, scoria, scum, sediment, settlings,
     sheepskin, silt, sinter, situation, slag, smut, solemn declaration,
     soot, spotting, statement, statement of belief, statement of facts,
     statement under oath, stationing, storage, stowage, sublimate,
     superannuation, suspension, swearing, sworn evidence,
     sworn statement, sworn testimony, testamur, testimonial,
     testimonium, testimony, ticket, unchurching, unfrocking, unseating,
     visa, vise, voucher, vouching, warrant, warranty, witness, word
  
  

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  DEPOSITION, evidence. The testimony of a witness reduced to writing, in due 
  form of law, taken by virtue of a commission or other authority of a 
  competent tribunal. 
       2. Before it is taken, the witness ought to be sworn or affirmed to 
  declare the truth, the whole truth, and nothing but the truth. It should 
  properly be written by the commissioner appointed to take it, or by the 
  witness himself; 3 Penna. R. 41; or by one not interested in the matter in 
  dispute, who is properly authorized by the commissioner. 8 Watts, R. 406, 
  524. It ought to answer all the interrogatories, and be signed by the 
  witness, when he can write, and by the commissioner. When the witness cannot 
  write, it ought to be so stated, and he should make his mark or cross. 
       3. Depositions in criminal cases cannot be taken without the consent of 
  the defendant. Vide, generally, 1 Phil. Ev. 286; 1 Vern. 413, note; Ayl. 
  Pand. 206; 2 Supp. to Ves. jr. 309; 7 Vin. Ab. 553; 12 Vin. Ab. 107; Dane's 
  Ab. Index, h.t.; Com. Dig. Chancery, P 8, T 4, T 5; Com. Dig. Testmoigne, C 
  4. 
       4. The Act of September 24, 1789, s. 30, 1 Story's L. U. S. 64, directs 
  that when the testimony of any person shall be necessary in any civil cause 
  depending in any district, in any court of the United States, who shall live 
  at a greater distance from the place of trial than one hundred miles, or is 
  bound on a voyage to sea, or is about to go out of the United States, or out 
  of such district, and to a greater distance from the place of trial than as 
  aforesaid, before the time of trial, or is ancient, or very infirm, the 
  deposition of such person may be taken de bene esse, before any justice or 
  judge of any of the courts of the United States, or before any chancellor, 
  justice, or judge of a supreme or superior court, mayor, or chief magistrate 
  of a city, or judge of a county court or court of common pleas of any of the 
  United States, not being of counsel or attorney to either of the parties, or 
  interested in the event of the cause; provided that a notification from the 
  magistrate before whom the deposition is to be taken, to the adverse party, 
  to be present at the taking of the same, and to put interrogatories, if he 
  think fit, be first made out and served on the adverse party, or his 
  attorney, as either may be nearest, if either is within one hundred miles of 
  the place of such caption, allowing time for their attendance after being 
  notified, not less than at the rate of one day, Sundays exclusive, for every 
  twenty miles travel. And in causes of admiralty and maritime jurisdiction, 
  or other causes of seizure, when a libel shall be filed, in which an adverse 
  party is not named, and depositions of persons, circumstanced as aforesaid, 
  shall be taken before a claim be put in, the like notification, as 
  aforesaid, shall be given to the person having the agency or possession of 
  the property libelled at the time of the capture or seizure of the same, if 
  known to the libellant. And every person deposing as aforesaid, shall be 
  carefully examined and cautioned, and sworn or affirmed to testify the whole 
  truth, and shall subscribe the testimony by him or her given, after the same 
  shall be reduced to writing, which shall be done only by the magistrate 
  taking the deposition, or by the deponent in his presence. And the 
  deposition so taken shall be retained by such magistrate, until he deliver 
  the same with his own, hand into the court for which they are taken, or 
  shall, together with a certificate of the reasons as aforesaid, of their 
  being taken, and of the notice, if any given, to the adverse party, be by 
  him, the said magistrate, sealed up and directed to such court, and remain 
  under his seal until opened in court. And any person may be compelled to 
  appear and depose as aforesaid, in the same manner as to appear and testify 
  in court. And in the trial of any cause of admiralty or maritime 
  jurisdiction in a district court, the decree in which may be appealed from, 
  if either party shall suggest to and satisfy the court, that probably it 
  will not be in his power to produce the witnesses, there testifying, before 
  the circuit court, should an appeal be had, and shall move that their 
  testimony shall be taken down in writing, it shall be so done by the clerk 
  of the court. And if an appeal be had, such testimony may be used on the 
  trial of the same, if it shall appear to the satisfaction of the court, 
  which shall try the appeal, that the witnesses are then dead, or gone out of 
  the United States, or to, a greater distance than as aforesaid, from the 
  place where the court is sitting; or that, by reason of age, sickness, 
  bodily infirmity, or imprisonment, they are unable to travel or, appear at 
  court, but not otherwise. And unless the same shall be made to appear on the 
  trial of any cause, with respect to witnesses whose depositions may have 
  been taken therein, such depositions shall not be admitted or used in the 
  cause. Provided, that nothing herein shall be construed to prevent any court 
  of the United States from granting a dedimus potestatem, to take depositions 
  according to common usage, when it may be necessary to prevent a failure or 
  delay of justice; which power they shall severally possess nor to extend to 
  depositions taken in perpetuam rei memoriam, which, if they relate to 
  matters that may be cognizable in any court of the United States, a circuit 
  court, on application thereto made as a court of equity, may, according to 
  the usages in chancery, direct to be taken. 
       5. The Act of January 24, 1827, 3 Story's L. U. S. 2040, authorizes 
  the clerk of any court of the United States within which a witness resides 
  or where he is found, to issue a subpoena to compel the attendance of such 
  witness, and a neglect of the witness to attend may be punished by the court 
  whose clerk has issued the subpoena, as for a contempt. And when papers are 
  wanted by the parties litigant, the judge of the court within which they 
  are, may issue a subpoena duces tecum, and enforce obedience by punishment 
  as for a contempt. For the form and style of depositions, see Gresl. Eq. Ev. 
  77. 
  
  

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  DEPOSITION, eccl. law. The act of depriving a clergyman, by a competent 
  tribunal, of his clerical orders, to punish him for some offence, and to 
  prevent his acting in future in his clerical character. Ayl. Par. 206. 
  
  

















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