Who can use a deposition?

• A. Only the defense.
• B. Only the prosecution.
• C. Both defense and prosecution.
• D. The judge and prosecutors.

Answer: (C)

Depositions are sworn, out-of-court testimonies that are recorded for use at trial. They serve as a discovery tool so both sides can gather facts and preserve witness statements before the case reaches court. Because the testimony is given under oath and can be cross-examined, either the defense or the prosecution can use a deposition at trial to impeach a witness or to introduce the statements if the rules allow. The judge isn’t a party using the deposition to prove the case; rather, the deposition is a resource both sides may rely on in preparing and presenting their arguments. So, both defense and prosecution can use a deposition.