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A deposition is the sworn testimony of a witness taken before trial. Party's deposition may be used to impeach the nonparty who is testifying at trial.First you have to accept that histori- cally courts have a strong preference for live testimony at trial. Rule 1. PREAMBLE. 1. This rule permits the admission of a deposition where the witness is dead or more than 100 miles from the place of trial or hearing.