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Uncovering the mystery of 15th-century England: Why were depositions taken so differently then?
In 15th century England, the legal process looked very different than it does today. In particular, the way testimony was taken reflected society’s understanding and practice of the law at that time. By delving deeper into the legal system of this period, we can uncover the unique context of early depositions and their impact on modern legal procedures.
In the 15th century, testimony was often taken through written questioning, listened to and summarized by professionals appointed by the court.
During the 15th century, depositions were primarily conducted through written questions. These questions are not raised by the legal parties or their lawyers, but are conducted by professionals in the court in closed-door meetings. Although such an arrangement has strengthened the professionalism of the legal process in some aspects, it has also restricted the participation of the parties and their lawyers, resulting in extremely low transparency of the process.
Witnesses at the time did not record their statements verbatim, but rather organized them into third-person narratives, a practice that gradually evolved into the modern testimony we see today.
It is worth noting that the witnesses' answers were not recorded in full, but instead summarized by professionals appointed by the court based on the witnesses' responses. This procedure was intended at the time to protect the privacy of witnesses and the accuracy of their testimony, but the lack of verbatim records also led to inaccurate records afterwards, affecting the fairness of legal decisions.
It was not until the early 19th century that modern deposition procedures began to develop in New York, USA, as the law evolved. The change, pushed by Judge James Kent, allows lawyers to ask questions freely before witnesses, rather than relying solely on previously set written questions. This change introduces the active participation of lawyers, makes the testimony process more dynamic and flexible, and also improves the transparency of testimony.
In this new process, not only can the parties and lawyers participate, but the testimony of witnesses can also be conducted under the supervision of court personnel, which further ensures the fairness of the process.
With the reform of the admissions process, the old form of testimony is gradually becoming history. In the late 19th century, court reporters began taking verbatim notes, which provided a guarantee of accuracy for testimony. It merged common law and equity procedures and ultimately established norms for the taking of oral testimony from witnesses in court.
The current system for taking testimonies
In the 21st century, many countries, including the United States and Canada, continue to use this process, which is known as "deposition taking." While the format of the process has evolved, the key legal principles remain the same. Modern depositions are conducted between attorneys and witnesses and recorded by professional court reporters.
Today's depositions are usually conducted in attorney's offices or conference rooms. The goal is to give each party equal access to information and avoid surprises during litigation.
But the system still presents some challenges. Because the legal process consumes time and money, many attorneys and clients feel anxious and distressed during the deposition process. In recent years, with the development of technology, the spread of online admissions and digitization has begun to change the form of testimony admissions, making it more flexible and accessible.
In summary, the evidence-taking method of the 15th century played an important role in the development of modern legal procedures. From the most basic concepts to today's changes, it has always influenced the practice and development of law.
By comparing history, we can't help but wonder how the way testimony is taken will evolve in the future?
