Affidavit vs. Deposition — What's the Difference?
By Maham Liaqat & Fiza Rafique — Updated on May 16, 2024
An affidavit is a written statement made under oath, while a deposition is a sworn oral testimony given out of court, transcribed for later use.
Difference Between Affidavit and Deposition
Table of Contents
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Key Differences
An affidavit is a formal written statement declared under oath. It is signed by the affiant (the person making the statement) and notarized by an official. Affidavits are used to provide evidence or factual information in various legal proceedings, such as court cases, administrative hearings, and legal transactions. A deposition, on the other hand, is an oral testimony given under oath and recorded for later use in court. During a deposition, attorneys from both sides can question the witness (deponent) in a setting outside the courtroom, such as in a lawyer’s office.
Affidavits are typically written and concise, focusing on specific facts or statements. They are used in situations where written evidence is required, such as in support of motions or to verify facts without needing the affiant to appear in court. Depositions involve a more detailed examination of the witness's knowledge and are interactive, with opportunities for cross-examination by opposing counsel.
Affidavits are more straightforward and quicker to produce, as they involve a written declaration by the affiant. Depositions are more complex, involving the presence of multiple parties, a court reporter, and sometimes a videographer. They provide a thorough opportunity to explore the witness's testimony in detail, which can be crucial in complex legal cases.
Affidavits are generally used to present facts in a straightforward manner, often without requiring additional context or follow-up questions. Depositions, however, allow for a more comprehensive exploration of a witness’s testimony, enabling attorneys to ask follow-up questions and clarify details on the spot.
Comparison Chart
Nature
Written statement under oath
Oral testimony under oath
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Setting
Notarized and signed outside of court
Conducted outside court, recorded for trial
Purpose
Provide evidence or factual information
Gather detailed information for discovery
Complexity
Relatively straightforward and concise
Detailed examination with cross-examination
Use
Support motions, verify facts, legal transactions
Trial preparation, evidence, impeachment
Compare with Definitions
Affidavit
A formal written statement made under oath.
The witness submitted an affidavit to support the plaintiff's motion.
Deposition
Sworn oral testimony given out of court.
The deposition was recorded by a court reporter.
Affidavit
Signed by the affiant and notarized by an official.
The affidavit was notarized by a public notary.
Deposition
Part of the discovery process in legal cases.
The deposition helped uncover new evidence for the trial.
Affidavit
Used to provide evidence in legal proceedings.
The affidavit detailed the events leading up to the contract dispute.
Deposition
Transcribed and can be used later in court.
The deposition transcript was introduced as evidence during the trial.
Affidavit
Declares facts or statements as true under penalty of perjury.
In her affidavit, she swore that the information provided was accurate.
Deposition
Involves detailed examination and cross-examination.
The witness's credibility was challenged during the deposition.
Affidavit
Often used in administrative hearings and legal transactions.
An affidavit of support was required for the visa application.
Deposition
Allows attorneys to question a witness under oath.
During the deposition, the attorney asked the witness about their observations.
Affidavit
An affidavit ( (listen) AF-i-DAY-vit; Medieval Latin for he has declared under oath) is a written statement of fact voluntarily made by an affiant or deponent under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths.
Deposition
The act of deposing, as from high office.
Affidavit
A written declaration made under oath before a notary public or other authorized officer.
Deposition
The act of depositing, especially the laying down of matter by a natural process.
Affidavit
(legal) A signed document wherein an affiant makes a sworn statement.
He submitted his affidavit rather than appearing to testify in court.
Deposition
Something deposited; a deposit.
Affidavit
A sworn statement in writing; a declaration in writing, signed and made upon oath before an authorized magistrate.
Deposition
(Law) Sworn testimony recorded for use in court at a later date.
Affidavit
Written declaration made under oath; a written statement sworn to be true before someone legally authorized to administer an oath
Deposition
Deposition The removal of Jesus from the cross.
Deposition
The removal of someone from office.
Deposition
The act of depositing material, especially by a natural process; the resultant deposit.
Deposition
(chemistry) The production of a thin film of material onto an existing surface.
Deposition
(legal) The process of taking sworn testimony out of court; the testimony so taken.
Deposition
(meteorology) The formation of snow or frost directly from water vapor.
Deposition
(physics) The transformation of a gas into a solid without an intermediate liquid phase (reverse of sublimation)
Deposition
(religion) The formal placement of relics in a church or shrine, and the feast day commemorating it.
Deposition
The act of depositing or deposing; the act of laying down or thrown down; precipitation.
The deposition of rough sand and rolled pebbles.
Deposition
The act of bringing before the mind; presentation.
The influence of princes upon the dispositions of their courts needs not the deposition of their examples, since it hath the authority of a known principle.
Deposition
The act of setting aside a sovereign or a public officer; deprivation of authority and dignity; displacement; removal.
Deposition
That which is deposited; matter laid or thrown down; sediment; alluvial matter; as, banks are sometimes depositions of alluvial matter.
Deposition
An opinion, example, or statement, laid down or asserted; a declaration.
Deposition
The act of laying down one's testimony in writing; also, testimony laid or taken down in writing, under oath or affirmation, before some competent officer, and in reply to interrogatories and cross-interrogatories.
Deposition
The natural process of laying down a deposit of something
Deposition
(law) a pretrial interrogation of a witness; usually done in a lawyer's office
Deposition
The act of putting something somewhere
Deposition
The act of deposing someone; removing a powerful person from a position or office
Common Curiosities
Where are depositions used?
Depositions are used in the discovery process of legal cases to gather detailed information.
Who prepares an affidavit?
An affidavit is prepared by the affiant (person making the statement) and notarized.
Who participates in a deposition?
A deposition involves the deponent (witness), attorneys, a court reporter, and sometimes a videographer.
Where are affidavits used?
Affidavits are used in legal proceedings, administrative hearings, and legal transactions.
What is the main purpose of an affidavit?
The main purpose of an affidavit is to provide written evidence or factual information.
Is an affidavit used in court?
Yes, affidavits can be used to support motions and verify facts in court.
Can affidavits be cross-examined?
No, affidavits are not subject to cross-examination since they are written statements.
What is an affidavit?
An affidavit is a written statement made under oath, notarized by an official.
What is a deposition?
A deposition is an oral testimony given under oath, recorded for use in court.
Can depositions be cross-examined?
Yes, during depositions, attorneys can cross-examine the witness.
What is the main purpose of a deposition?
The main purpose of a deposition is to gather detailed testimony and information before trial.
How is an affidavit different from a deposition?
An affidavit is a written statement under oath, while a deposition is an oral testimony recorded for later use.
Is a deposition used in court?
Yes, deposition transcripts can be used as evidence or to impeach a witness during trial.
What is the format of an affidavit?
An affidavit is a formal written document signed by the affiant and notarized.
What is the format of a deposition?
A deposition is an oral testimony transcribed by a court reporter and sometimes recorded on video.
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Written by
Maham Liaqat
Co-written by
Fiza RafiqueFiza Rafique is a skilled content writer at AskDifference.com, where she meticulously refines and enhances written pieces. Drawing from her vast editorial expertise, Fiza ensures clarity, accuracy, and precision in every article. Passionate about language, she continually seeks to elevate the quality of content for readers worldwide.
