Skip to main content

What’s the difference between a “discovery deposition” and a "deposition for use at trial"?

Miami, FL |
Filed under: Litigation

In a civil case, Isn’t all deposition testimony admissible for use at trial, as long as it’s under oath and there was a court reporter and the witness’s counsel was present?

Attorney Answers 3


In Illinois, there is a differnce between discovery depositions and evidence depositions. Discovery depositions are not admissible at trial. They may however be used for impeachment and may be used if it is from an adverse party. However, an evidence deposition is required for non-party witnesses and for a party's own witness. Evidence depositions may only proceed by agreement of the parties or by order of court.

Mark as helpful


Yes. The only practical difference is that you need to be more careful about making all necessary objections and make sure you are not asking leading questions if you're taking a deposition for trial.

Mark as helpful


In Florida, there is essentially no difference, except that a deposition for use at trial is noticed as such so that the deposition is conducted as if before a jury. Discovery depositions tend to be more exploratory. In Florida, any statement under oath is admitted at trial depending upon its use and lack of applicable hearsay objections, regardless of whether or not the witness' counsel was present.

***Ms. Harwell is licensed to practice law in Florida. In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. This communication is provided for the purpose of general informational purposes only. Additional facts and information pertaining to the relevant question above could significantly change this response and make it inapplicable to your personal circumstances. Many attorneys offer free consultations and Ms. Harwell strongly advises that you take advantage of this opportunity to discuss your particular situation in detail and obtain legal advice most suited to your personal situation.

Mark as helpful

Litigation topics

Recommended articles about Litigation

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics