Affidavit vs. Deposition: Know the Difference
By Shumaila Saeed || Updated on December 25, 2023
An affidavit is a written statement confirmed by oath for use as evidence in court; a deposition is a witness's sworn out-of-court testimony.
Key Differences
Affidavits and depositions are both used in legal contexts to provide evidence but differ in their format and the way they are conducted. An affidavit is a written statement made under oath, typically used in court proceedings. The person who writes an affidavit, known as the affiant, declares the contents of the affidavit to be true to the best of their knowledge. In contrast, a deposition is an oral statement given under oath before a trial, where a witness is questioned by attorneys from both sides. The testimony in a deposition is transcribed, and the deponent, or the person giving the deposition, has the opportunity to elaborate on their answers.
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Nov 10, 2023
While affidavits are usually concise and limited to specific facts the affiant is personally aware of, depositions can be more expansive, allowing for a broader range of questions and answers. Affidavits are typically prepared and signed in a controlled environment, often in the presence of a notary public, whereas depositions involve a more dynamic interaction, with attorneys present to ask questions and cross-examine the deponent. Affidavits are often used to present factual information or evidence in a straightforward manner, whereas depositions can be used to explore a witness's knowledge more deeply, challenge their credibility, or gather more detailed information.
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Nov 10, 2023
The choice between using an affidavit or a deposition depends on the nature of the legal matter and the type of evidence required. Affidavits are common in cases where a simple, clear presentation of facts is sufficient, such as in affidavits of service or financial affidavits. Depositions are often utilized in complex cases where the witness’s testimony might play a crucial role, and where attorneys seek to evaluate the witness’s reliability and gather as much information as possible before the trial.
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Nov 10, 2023
Comparison Chart
Method
Made under oath, usually not in court
Given under oath, usually in a legal setting but not in court
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Presence of Attorneys
Not typically present
Attorneys present to ask questions
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Usage
Used when written, factual evidence is needed
Used to gather detailed information and assess credibility
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Affidavit and Deposition Definitions
Affidavit
A written statement made under oath.
She submitted an affidavit to support her claim.
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Deposition
A process where attorneys question a witness under oath.
During the deposition, the witness contradicted earlier statements.
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Affidavit
Used as evidence in court proceedings.
His affidavit played a crucial role in the trial.
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Deposition
Recorded testimony used in court preparation.
The attorney reviewed the deposition transcript carefully.
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Affidavit
Prepared and signed in the presence of a notary.
The notary public witnessed her signing the affidavit.
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Deposition
Used for gathering evidence before a trial.
The deposition revealed new aspects of the witness’s account.
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Affidavit
A document stating facts sworn to be true.
The affidavit was notarized and submitted to the court.
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Deposition
Involves cross-examination by opposing attorneys.
She faced tough questioning during her deposition.
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Affidavit
A sworn statement of personal knowledge or belief.
The financial affidavit outlined her assets and liabilities.
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Deposition
An oral statement made under oath outside of court.
His deposition provided critical information for the case.
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Affidavit
A written declaration made under oath before a notary public or other authorized officer.
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Affidavit
(legal) A signed document wherein an affiant makes a sworn statement.
He submitted his affidavit rather than appearing to testify in court.
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Deposition
The act of depositing, especially the laying down of matter by a natural process.
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Affidavit
A sworn statement in writing; a declaration in writing, signed and made upon oath before an authorized magistrate.
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Affidavit
Written declaration made under oath; a written statement sworn to be true before someone legally authorized to administer an oath
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Deposition
(Law) Sworn testimony recorded for use in court at a later date.
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Deposition
The act of depositing material, especially by a natural process; the resultant deposit.
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Deposition
(chemistry) The production of a thin film of material onto an existing surface.
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Deposition
(legal) The process of taking sworn testimony out of court; the testimony so taken.
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Deposition
(meteorology) The formation of snow or frost directly from water vapor.
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Deposition
(physics) The transformation of a gas into a solid without an intermediate liquid phase (reverse of sublimation)
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Deposition
(religion) The formal placement of relics in a church or shrine, and the feast day commemorating it.
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Deposition
The act of depositing or deposing; the act of laying down or thrown down; precipitation.
The deposition of rough sand and rolled pebbles.
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Deposition
The act of bringing before the mind; presentation.
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.
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Deposition
The act of setting aside a sovereign or a public officer; deprivation of authority and dignity; displacement; removal.
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Deposition
That which is deposited; matter laid or thrown down; sediment; alluvial matter; as, banks are sometimes depositions of alluvial matter.
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Deposition
An opinion, example, or statement, laid down or asserted; a declaration.
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Deposition
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.
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Deposition
(law) a pretrial interrogation of a witness; usually done in a lawyer's office
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Deposition
The act of deposing someone; removing a powerful person from a position or office
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Repeatedly Asked Queries
Do affidavits require a notary?
Generally, yes, affidavits need to be notarized.
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What is a deposition?
A deposition is a witness's sworn out-of-court testimony, recorded for later use in court.
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Is a deposition always required in legal cases?
Not always; it depends on the complexity of the case and the evidence needed.
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Can an affidavit be used in place of a deposition?
Sometimes, particularly when simple factual information is sufficient.
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Who writes an affidavit?
The affiant, or the person with knowledge of the facts, writes the affidavit.
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Are affidavits considered strong evidence?
They can be, as long as they are properly executed and relevant.
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Can depositions be used in court?
Yes, deposition transcripts can be used in court, especially if the witness is unavailable.
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How long is a deposition?
Depositions can vary in length, often lasting several hours.
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What is an affidavit?
An affidavit is a written statement made under oath, used as evidence in court.
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What types of cases use affidavits frequently?
Civil cases, small claims cases, and some family law matters.
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Who conducts a deposition?
Attorneys from both sides conduct the deposition.
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What happens if someone lies in a deposition?
Lying under oath in a deposition is perjury, which is a criminal offense.
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Who can notarize an affidavit?
A notary public or other official authorized to administer oaths.
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Are depositions public record?
They can be, especially if filed with the court as part of a case.
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Can an affidavit be changed?
Once signed and notarized, an affidavit should not be altered.
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Can depositions be used for impeachment in court?
Yes, if a witness's testimony differs from their deposition.
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Do affidavits need to be witnessed?
They must be signed in the presence of a notary or legal official.
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Can anyone request a deposition?
Typically, attorneys involved in the case can request depositions.
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About Author
Written by
Shumaila SaeedShumaila Saeed, an expert content creator with 6 years of experience, specializes in distilling complex topics into easily digestible comparisons, shining a light on the nuances that both inform and educate readers with clarity and accuracy.
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