In cases where forensic neuropsychology is involved, a deposition occurs following the determination that the specific psychological or neuropsychological methods are admissible. Written opinions or oral opinions are provided by the expert witness under oath. Such opinions are scrutinized by the opposing counsel and by the trier of fact (e.g., judge or jury). The sworn testimony can be delivered in several ways. First, it can be presented in written form (e.g., affidavit) or orally via a deposition or in the courtroom. A deposition is considered a form of legal discovery and allows for litigants (e.g., their attorneys) to question fact or expert witnesses to make decisions regarding the testimony to be presented at the trial. During a deposition, both attorneys and a court recorder are present, but no judge or jury is in attendance. Everything asked and answered during the deposition is transcribed by a court reporter.
There are essentially two types of depositions:...
References and Readings
- Greiffenstein, M. F. (2009). Basics of forensic neuropsychology. In J. Morgan & J. Ricker (Eds.), Textbook of clinical neuropsychology. New York: Psychology Press.Google Scholar
- Melton, G. B., Petrila, J., Poythress, N. G., & Slobogin, C. (2007). Psychological evaluations for the courts (3rd ed.). New York: Guilford Press.Google Scholar