2.4 Deposition in Lieu of Live Testimony is a process in which a witness or a party to a lawsuit gives testimony in writing or through an audio or video recording, instead of appearing in court. There are two types of depositions in lieu of live testimony: written depositions and recorded depositions. For written depositions, the witness is asked questions by an attorney and must answer them in writing. The answers are then sworn to be true and accurate, and the deposition is signed by the witness and the attorney. For recorded depositions, the witness is asked questions by an attorney and answers them verbally. The responses are recorded and then transcribed into a written format. The witness must then swear to the accuracy of the transcript and sign it. Both types of depositions can be used in place of live testimony in court. They can also be used to supplement live testimony, or as evidence in a case.
2.4 Deposition in Lieu of Live Testimony
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FAQ
There are essentially three ways to use a deposition at trial. The first is reading from the deposition of a witness that is unavailable. The second is reading from the deposition of an opposing party. The third is using the deposition for impeachment.
A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."
Deposition testimony may be used at trial not only to impeach a witness on the stand, but also as substantive evidence to support your case. Different standards apply at trial for using deposition testimony from an adverse party as opposed to a non-party witness.
California Evidence Code Section 1291 states that former deposition testimony is admissible in the event the party against whom it is offered ?had the right and opportunity to cross-examine the declarant with an interest and motive similar to that which he has at the hearing.? (Cal. Evid.
Depositions are usually hearsay and are thus inadmissible at trial. There are, however, three exceptions to the hearsay rule that are particularly relevant to deposition testimony. The first is when a party admits something in a deposition that is against their interest.
A deposition taken without leave of court pursuant to a notice under Rule 30(a)(2)(C) shall not be used against a party who demonstrates that, when served with the notice, it was unable through the exercise of diligence to obtain counsel to represent it at the taking of the deposition; nor shall a deposition be used
JF: A deposition is an opportunity for parties in a civil lawsuit to obtain testimony from a witness under oath prior to trial. It's part of the discovery process by which parties gather facts and information so they can be better prepared at trial to present their claims and defenses.
JF: A deposition is an opportunity for parties in a civil lawsuit to obtain testimony from a witness under oath prior to trial. It's part of the discovery process by which parties gather facts and information so they can be better prepared at trial to present their claims and defenses.