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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.
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.
Jointly Prepare One Designation Form For Each Witness. For each witness the Plaintiff will present by deposition, counsel must designate excerpts by page and line. Plaintiff must include an opposing parties' counter-designations, chronologically interspersed throughout a single, joint designation form for each witness.
Objections in depositions: Whenever necessary, the defending attorney raises deposition objections to prevent the witness from providing misleading, confusing, or inaccurate testimony. Generally, proper deposition objections may be made on the grounds of form, relevancy, or privilege.
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) Any party may use a deposition for the purpose of contradicting or impeaching the testimony of the deponent as a witness, or for any other purpose permitted by the Evidence Code.
Many lawyers take designations for granted. Deposition designations are simply an identification, by page and line number, of any important testimony that one party intends to introduce into evidence at trial ? usually a video clip.
Show your exhibit to the other side and mark it As part of making your case, you'll first show the exhibit you want to introduce to the other side's lawyer (opposing counsel) or party, if they don't have a lawyer. You do this by telling the judge what you are showing and ask to mark it as an exhibit.