Florida Notary Practice Exam

What is a deposition?

1. A document filed in court

2. Testimony of a witness under oath, taken outside of court

3. A summary of evidence

4. A notarial acknowledgment

The correct answer is: Testimony of a witness under oath, taken outside of court

A deposition refers to the testimony of a witness who gives their statements under oath, usually outside of a courtroom setting. This process typically occurs during the discovery phase of litigation, and the information recorded in a deposition can be used in court proceedings. The witness is questioned by attorneys from both sides, and their responses are documented, often by a court reporter. This procedure is essential in gathering information, assessing the strength of a case, and preparing for trial. The significance of a deposition lies in its ability to collect sworn testimony that can be referenced later, making it a crucial part of the legal process. In contrast, the other options do not accurately describe a deposition. A document filed in court refers to official filings that have specific legal statuses and rules governing them. A summary of evidence is a distillation of the key points of evidence presented in a case, rather than testimony from a witness. A notarial acknowledgment pertains to the process by which a notary verifies the identity of a signer and the voluntary nature of the signing, which is wholly separate from providing testimony. Therefore, the correct understanding of a deposition aligns clearly with the description of witness testimony under oath conducted outside of court.