Deposition - Definition - Law Dictionary Home Dictionary Definition deposition

Definition :

Deposition: (1) Depriving of a dignity, etc. (2) The act of giving public testimony, technically, the evidence put down in writing by way of answer to questions. It is an incontrovertible rule at Common Law, that when the witness himself can be produced, his deposition may not be read, for it is not the best evidence. But it may be read not only where it appears that the witness is actually dead, but in all cases where he is dead for all purposes of evidence: as where diligent search has been made for the witness and he cannot be found; where he resides in a place beyond the jurisdiction of the Court; or where he has become lunatic. See now, however, R. S.C. 1883, Ord. XXXVII., rr. 1, 5; and EVIDENCE; PERPETUATE TESTIMONY, BILLS TO.

As to deposition in criminal proceedings (in connec-tion with which the term is most commonly used), see especially the (English) Indictable Offences Act, 1848 (11 & 12 Vict. c. 42), s. 17, and the (English) Criminal Law Amendment Act, 1867 (30 & 31 Vict. c. 35), ss. 6, 7. Under the first of these Acts, the evidence upon which a prisoner is committed for trial by justices of the peace is taken down, and may be read at the trial upon it being proved that the witness is dead or unable to travel, and that the prisoner or his counsel or solicitor had a full opportunity of cross-examining the witness. Under the second, the testimony of any person dangerously ill may be taken down by a justice of the peace at any time before trial, and read at the trial upon it being proved that the witness is dead or that he will never to be able to travel or give evidence, and that there was a like opportunity of cross-examination.

As to the taking of depositions and caution to and statement of accused on proceedings before examining justices; and the reading of depositions at trial, see (English) Criminal Justice Act, 1925 (15 & 16 Geo. 5, c. 86), ss. 12, 13.

As to the depositions of children and young persons, see (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), ss. 38, 42, 43.

The written copy of the evidence of a witness in an action in the High Court taken before an examiner or other person under R. S.C. Ord. XXXVII., R. 5, is also called a deposition.

Deposition, includes any affidavit, affirmation or statement mode upon oath, Civil Aviation Act, 1982, s. 95(5) (UK) Halsbury's Laws of England (2), para 1660, p. 813.