Deposition Traps and Tactics (From The Litigation Manual, P 221-231, 1989, john G Koeltl, ed. -- See NCJ-117323)

• NCJ Number: 117335
• Author(s): T J McNamara; P T Sorensen
• Date Published: 1989
• Length: 11 pages
• Sale Source: American Bar Assoc
• Publication Type: Training (Handbook/Manual)
• Language: English
• Country: United States of America

Annotation

This article instructs lawyers in how to use pretrial deposition transcripts at trial and how to counter the use of such transcripts by adversarial counsel.

Abstract

Federal Civil Rule 32(a) specifies the general circumstances under which a deposition may be used at trial. Impeachment of a witness's trial testimony with a prior inconsistent deposition statement is the most common. Rule 32(a)(1) also provides that a deposition may be used 'for any other purpose permitted by the Federal Rules of Evidence.' This rule vastly broadens the use of depositions as a substitute for live testimony. If the deposition testimony is either at odds with what a witness says on the stand or is the testimony of a party or his agent, it may be offered both for impeachment and as substantive evidence. A deposition of any witness may also be used as substantive evidence if the court finds that various specified circumstances prevent the deponent from presenting live testimony. After discussing pretrial strategy in the taking of depositions, the article concludes with advice on the art of using deposition testimony at trial.