2.08 Deposition as Substantive Evidence is a legal process by which sworn testimony is taken in the presence of a court reporter and may be used as evidence in a trial. It is a form of discovery in which a witness is asked questions about the case and their answers are recorded and can be used in court. Depositions are used in civil cases and are typically conducted outside the courtroom. There are three types of Depositions as Substantive Evidence: Written Depositions, Oral Depositions, and Video Depositions. A Written Deposition is a transcript of the questions and answers given by the witness. An Oral Deposition is a recorded audio of the questions and answers given by the witness. A Video Deposition is a recorded video of the questions and answers given by the witness.
2.08 Deposition as Substantive Evidence
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FAQ
Deposition testimony may be used at trial as substantive evidence and for impeachment purposes. The use of such testimony is governed by various civil rules, evidentiary rules, and statutes and case law.
Generally, a deposition transcript and exhibits are part of the record of a case and may be disclosed ingly. Absent a stipulation and protective order, testimony will automatically become part of the public record when the deposition transcript is lodged or filed with the court.
Deposition Transcript An alternative method of authentication for deposition excerpts is simply to include the court reporter's signed certification page. (Greenspan, supra at 523.) Once the deposition testimony is authenticated, it can be considered by the Court as evidence.
Unlike most trial transcripts, a deposition transcript and the audio or video of deposition testimony are not public records. All parties to a case in which a deposition is taken, as well as a deponent are entitled to obtain a copy of a deposition transcript.
The deposition is admissible under the Federal Rules of Evidence if the deponent is present and testifying.
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.
You should lay some basic foundation, i.e., you asked the witness, ?Do you recall your deposition was taken on such date, you were sworn to tell the truth, you were given an opportunity to review and make corrections,? etc. You then read the portion of the deposition containing the inconsistent statement.
(1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness, or for any other purpose permitted by the Federal Rules of Evidence.