Civil Procedure
Jun. 13, 2025
When and how to use deposition testimony in court
Approaching depositions with trial in mind gives counsel an advantage--whether through testimony from unavailable witnesses, impeachment, or entity testimony, which can be used "for any purpose."
Similar to the written discovery responses discussed in last week's article, depositions are a critical discovery tool that counsel should approach with an eye towards trial. While deposition testimony is generally subject to exclusion at trial under the hearsay rule, see Cal. Evid. Code § 1200; Fed. R. Civ. P. 801, 802, there are three key instances in which depositions can be played at trial: (1) unavailable witnesses, (2) impeachment, and ...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In