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You will hand a document to the court reporter, and have him or her mark the exhibit, starting with 1 or A. Generally, you'd ask, ?Please mark this document as Exhibit A,? or something along those lines. You can premark the exhibits if you prefer to save time.
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.
The first page of any deposition used as an exhibit must state the name of the deponent and the date of the deposition. (Subd (a) amended effective January 1, 2007.) Other than the title page, the exhibit must contain only the relevant pages of the transcript.
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.
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.
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.
Foundation is formed from three elements: Authenticity; Reliability; and Relevance must be established before an exhibit can be admitted as evidence. [When you are ready to introduce an exhibit, pause and retrieve two copies of the exhibit from your table.] Lawyer: ?Your honor may I approach the 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.