Legal Question in Civil Litigation in Texas

Re: principal difference between an affadavit and a deposition

Generally speaking, an affidavit is a statement personally signed and sworn to before an authorized person (usually a notary public, county clerk, district clerk, or judge).

Some depositions such as a deposition on written interrogatories have similiarities to an affidavit. The main difference is that an adverse party or interested party in a lawsuit will have the opportunity to propound questions which also are to be answered under oath. Depositions on written questions usually will be signed and notarized by the official taking the deposition (frequently a court reporter, and sometimes a notary public).

An oral deposition is taken in proceedings where all parties to the action will have an opportunity to ask the witness questions which the witness must answer under oath. This is frequently the situation in lawsuits. Sometimes depositions are used at trial in lieu of live testimony where the deposition is read into evidence as if the witness were present to testify. The transcript is not admitted into evidence -- only the testimony which is read into evidence.

In summary affidavits are sworn statements which are ordinarily ex parte (meaning one party only), and is considered inadmissible hearsay in a lawsuit except for certain exceptions.

On the other hand depositions afford all parties to the action to ask questions, and can be read into evidence at a trial (subject to some restrictions by some courts which require the live witness instead if witness is available available, and subject to the same objections such as hearsay which could be made if the witness had personally appeared and testified in person.