Board of Legal SpecializationPractice Exam

The main purpose of a deposition in civil litigation is to collect testimony from witnesses under oath. During a deposition, a witness is questioned by attorneys from both sides of the case in a formal setting, typically outside of court. This process allows for the gathering of factual information and evidence that can be used to support or challenge claims during the litigation process.

Depositions serve several essential functions, including preserving testimony that may later be used at trial if the witness is unavailable, allowing attorneys to assess the credibility of witnesses and the strength of their case before it goes to trial, and enabling both parties to establish a clearer understanding of the facts involved. This practice ensures that all parties have access to necessary information, promotes fair trial procedures, and often encourages settlements by clarifying positions.

The other options do not accurately represent the primary function of a deposition. Finalizing case outcomes is typically reserved for the trial or settlement stage. While discussions around case details may occur between attorneys and clients outside of depositions, this process is not the focus of a deposition. Drafting written contracts is unrelated to the deposition process entirely, as contracts pertain to agreements rather than testimonies in litigation.