Legal Question in Civil Litigation in Florida

Re: principle difference between an affidavit and deposition

An affidavit is merely a written statement where the person making the statement delcares under penalty of perjury that the facts written are true. A Deposition is when the person is placed under oath and asked questions and the questions and answers are transcribed. IN a deposition the person being questioned is subject to cross examination to test their veracity, recall, bias, etc... This diference is important. The affidavit is often inadmissible in a legal proceeding as "hearsay" whereas because of the opportunity to cross examine, the depositin is ofent admissible as testimony.