Article May 16, 1983 Issue

FROM THE DIRECTORS

Regarding legal depositions

THE CHRISTIAN SCIENCE BOARD OF DIRECTORS

Recently, portions of depositions taken in lawsuits involving The Mother Church have been circulated in an attempt to create confusion, criticism, and disunity. Extensive deletions have been made from the depositions, resulting, in many instances, in questions and answers being reproduced unfaithfully and out of context. Clarifying answers have been omitted; derisive and unfounded commentary has been interspersed. The following explanation of the nature of a deposition may therefore be helpful to readers encountering questions regarding the misleading circulated material.

A deposition is a pretrial procedure in which the testimony of a person is taken, not in court, but in a more informal setting. At a deposition a lawyer for the opposing side asks probing questions of the witness. The answers, given under oath, are transcribed in a stenographic record. The purpose is to draw out as much information as possible which will build his client's case. It has been noted that depositions sometimes become merely "fishing expeditions."

Obviously, a deposition is not the appropriate time for parties to a lawsuit to argue their case. That opportunity comes later at the time of trial when attorneys develop their case, using witnesses to bring out significant facts. Nor is it the time for the person deposing to volunteer information but rather to answer the question as exactly as possible in the context in which it is asked. Legal counsel consistently advise witnesses to answer only the question asked, to answer it honestly, and to answer "I don't know" if they are not sure of the answer.

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