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What is required for the deposition to be legally valid?

  1. Presence of a judge

  2. Both parties must agree on the location

  3. It must be recorded accurately

  4. All witnesses must be present

The correct answer is: It must be recorded accurately

For a deposition to be legally valid, it is essential that it is recorded accurately. This requirement ensures that the statements made during the deposition are preserved in a manner that can be relied upon in court or for future reference. Accurate recording includes both capturing the spoken words and maintaining the integrity of the context in which they were made. This could involve verbatim transcription by a court reporter, ensuring that the record reflects the examination without alterations or omissions. Though the other aspects mentioned may relate to the deposition process, they do not constitute the fundamental requirement for validity. For example, the presence of a judge is not necessary for a deposition to take place, and while agreement on the location can be advantageous for the parties involved, it is not a legal prerequisite for the deposition itself. Additionally, the presence of all witnesses is not required, as depositions can proceed with the involved parties and their legal representatives. Thus, the accuracy of the record stands as the cornerstone of a legally valid deposition.