Hawaii Notary Public Practice Exam

Which procedural concept allows for statements to be given under oath in advance of trial?

1. Affidavit

2. Subpoena

3. Deposition

4. Protest

The correct answer is: Deposition

The correct answer is the deposition, which is a legal procedure where a witness provides sworn testimony before a trial takes place. During a deposition, the witness, or deponent, is questioned by attorneys from both sides. The testimony is recorded and can be used later in court, allowing both parties to prepare their arguments and gather evidence in advance of trial. Depositions are vital because they help clarify the facts of a case, establish what the witness will say at trial, and can often lead to a resolution before trial, potentially avoiding the need for a court appearance altogether. This procedural concept ensures that all parties are informed about the evidence and witness perspectives early in the legal process. On the other hand, an affidavit is a written statement made under oath, typically used to affirm that certain facts are true. While it serves a similar purpose of being a sworn statement, it is not conducted through a questioning process like a deposition. A subpoena, on the other hand, is a legal document that orders an individual to attend court or produce evidence. It does not involve the gathering of sworn statements in advance but rather compels attendance to give testimony or provide documents. Finally, a protest generally refers to a declaration or statement of objection, often in a different legal context such