Massachusetts Motion for Protective Order against Trial Deposition
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How to fill out Motion For Protective Order Against Trial Deposition?
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FAQ
Any person who is imprisoned or whose liberty is restrained pursuant to a criminal conviction may at any time, as of right, file a written motion requesting the trial judge to release him or her or to correct the sentence then being served upon the ground that the confinement or restraint was imposed in violation of ...
In United States v. Salerno,3 the United States Supreme Court noted that former testimony is admissible when the opposing party had a similar motive while questioning the witness in both proceedings.
(2) The deposition of a person called as a witness may also be used as substantive evidence by any party adverse to the party who called the deponent as a witness and it may be used by the party calling deponent as a witness as substantive evidence of such facts stated in the deposition as are in conflict with or ...
In light of the potentially severe penalties for erring, attorneys intending to use deposition testimony during opening statements should get consent of opposing counsel or the trial judge beforehand.
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.
At a hearing or trial, all or part of a deposition may be used against a party on these conditions: (A) the party was present or represented at the taking of the deposition or had reasonable notice of it; (B) it is used to the extent it would be admissible under the Federal Rules of Evidence if the deponent were ...
(e) Subject to the requirements of this chapter, a party may offer in evidence all or any part of a deposition, and if the party introduces only part of the deposition, any other party may introduce any other parts that are relevant to the parts introduced.