An affidavit is a written statement someone signs under oath, while a deposition is spoken sworn testimony, usually given in answer to a lawyer's questions. Think of an affidavit as something you write and sign, and a deposition as something you say and are questioned on.
The core difference
An affidavit is a written sworn statement, whereas a deposition is oral sworn testimony taken outside court, typically under questioning.
- affidavit — a written statement made under oath, used as evidence: She signed an affidavit confirming she witnessed the accident.
- deposition — a formal, sworn statement of testimony given outside a courtroom, usually during legal proceedings: Her deposition lasted more than six hours.
How to tell them apart
The easiest way to keep these apart is to picture the setting. An affidavit is drafted, read over and signed, often with no one else present besides a notary. A deposition happens in a room with a lawyer asking questions and a court reporter recording every word, closer to a rehearsal for trial testimony.
The confusion tends to show up in news coverage of legal cases, where both words appear for very different stages of a proceeding. If a document was written and signed, reach for affidavit; if someone was questioned and answered out loud, it was a deposition.
