A deposition is a written declaration under oath made upon notice to the adverse party for the purpose of enabling him to attend and cross examine; or upon written interrogatories.

Terms Used In South Dakota Codified Laws 19-3-3

  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

Source: CCivP 1877, § 465; CL 1887, § 5279; RCCivP 1903, § 505; RC 1919, § 2752; Supreme Court Rule 502, 1939; SDC 1939 & Supp 1960, § 36.0202.