AAERT Certified Electronic Reporter (CER) Practice Test

At what stage of a legal case does a deposition typically occur?

1. During interrogatories

2. During discovery

3. At trial

4. During appeal

The correct answer is: During discovery

A deposition typically occurs during the discovery phase of a legal case. Discovery is the pre-trial process where both parties exchange information and gather evidence to prepare for trial. Depositions are a critical part of this process, allowing attorneys to question witnesses under oath about the facts of the case. The information gathered from depositions can help to clarify points of contention, evaluate the strength of the opposing party's case, and shape legal strategies. Interrogatories refer to written questions sent by one party to another, which must be answered in writing and under oath, but they are distinct from depositions. Trials are where evidence is presented in front of a judge or jury, and appeals occur after a judgment has been made, focusing on whether legal errors affected the outcome of the trial. Therefore, the deposition stage is firmly rooted in the discovery process, ensuring that both sides have access to critical information before trial proceedings begin.