Who can be deposed?

• A. Only parties
• B. Only witnesses
• C. Only non-parties
• D. Anyone, including parties or non-parties

Answer: (D)

Depositions are a discovery tool that lets sworn, out-of-court testimony be given by anyone who may have information relevant to the case. Both parties and non-parties can be deposed. A party can be questioned by the other side, and a non-party can be compelled to show up with a subpoena. The testimony is given under oath and subject to the usual privileges; you can’t compel disclosure of privileged communications, and protective orders can limit depositions. The main constraint is that the information sought must be relevant and proportional to the case, but there is no restriction that only non-parties or only witnesses can be deposed—the broad rule is that anyone with information may be deposed.