Deposition vs Testimony: What’s the Difference?

The difference at a glance

Deposition refers to the specific out-of-court procedure of gathering evidence. Testimony is the broader term for evidence given under oath, which can occur inside or outside a trial.

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.

What does Testimony mean?

noun · /ˈtɛs.tɪ.mə.ni/

A formal written or spoken statement given to support a fact or claim, especially in a legal context. Also: the personal witness of someone who has experienced something and is willing to speak about it. Testimony turns experience into evidence.

Testimony in a sentence

Her testimony changed the outcome of the trial — and the rest of her life.

The survivors' testimonies are the most important history of what happened.

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