Depositions

Depositions require a witness, who may or may not be a party to the case, to answer questions under oath and give testimony before the actual trial occurs.

Typically, the deposition will be at one of the attorneys' offices, and a court reporter will be present. If you receive notice that you need to attend a deposition, you will need to show up and testify.

If you fail to attend a deposition without good cause, the other side could file a motion to compel you to attend anyway, and the court might impose sanctions on you (such as requiring you to pay the other side's attorneys fees) if they do not believe your failure to attend was justified. Because the witness being deposed is under oath, what is said during the deposition can be used at trial as long as it is otherwise admissible.

You should review Rule 30 and Rule 32 of the South Carolina Rules of Civil Procedure for more information about Depositions.