What is the name for written testimony given under oath when a witness does not appear in court?

The correct response is written testimony given under oath by a witness who is not present in court, referred to as a deposition. A deposition is a legal process in which a witness provides sworn testimony, and this testimony is recorded for use in court proceedings. It is a critical tool in the discovery phase of legal cases, enabling attorneys to gather information and assess the strength of their cases.

In contrast, an affidavit is a written statement confirmed by oath or affirmation, typically used to establish facts in a legal context, but it does not involve questioning or the same level of examination as a deposition. Statements generally refer to informal accounts or verbal remarks not necessarily given under oath and do not carry the same legal weight as depositions or affidavits. Testimony broadly refers to any statement made by a witness under oath, which may occur in court but does not specifically apply to situations where the witness is not present to provide their testimony. Thus, deposition is the most accurate term for written testimony in this context.