Affidavit vs Deposition: What’s the Difference?

The difference at a glance

An affidavit is a written, sworn statement usually prepared out of court. A deposition involves oral testimony given under oath during discovery, subject to cross-examination.

What does Affidavit mean?

noun · /ˌæf.ɪˈdeɪ.vɪt/

A written statement made under oath or affirmation, submitted to a court as evidence. The person making it swears to its truth before an authorized officer. Perjury in an affidavit carries the same consequences as lying under oath in court.

Affidavit in a sentence

Her affidavit detailed the events of that evening in three pages — facts, times, sequence — sworn before a notary.

An affidavit can be submitted when a witness cannot appear in court — but it carries less weight than live testimony.

What does Deposition mean?

noun · /ˌdɛp.əˈzɪʃ.ən/

The sworn testimony of a witness taken outside court, typically during the pre-trial discovery process. Both sides' attorneys may question the witness, whose answers are recorded and may be used at trial.

Deposition in a sentence

Her deposition lasted six hours — question by question, detail by detail, the story assembled by two opposing strategies.

Corporate depositions often reveal more than trials do: the informal setting relaxes executives who say too much.

Frequently asked questions