Using Depositions at Trial: Impeachment, Refreshing Recollection, Offer of Proof, Admissions, Unavailable Witness

Recording of a 90-minute CLE webinar with Q&A

Conducted on Monday, November 20, 2017

Recorded event now available

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Program Materials

This CLE webinar will discuss the use of deposition testimony at trial under F.R.C.P. 32 and comparable state evidence rules. The program will cover using deposition testimony for impeachment, refreshing recollection, offer of proof, admission of a party opponent, and unavailable witness. The program will discuss litigation tactics on how and whether to use deposition testimony at trial.

Description

Depositions are a critical discovery tool in every litigation to obtain facts and admissions from the opponent. However, deposition testimony is not readily admitted at trial because it is hearsay evidence.

The Federal Rules of Civil Procedure allow deposition testimony to be admitted in limited circumstances: for impeachment, refreshing recollection, offer of proof, admissions and unavailable witness.

In addition to the rule of admission, there are practical reasons a litigator would want to use deposition testimony at trial—and reasons not to use deposition testimony at trial.

Listen as our panel of litigators reviews F.R.C.P. 32 and comparable state evidence rules on the admissibility of deposition testimony at trial. The panel will discuss using deposition testimony for impeachment, refreshing recollection, offer of proof, admission of a party opponent and unavailable witness. The panel will provide guidance on determining how and whether to use deposition testimony at trial.

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Outline

  1. Impeachment by prior inconsistent statement
  2. Refreshing recollection
  3. Offer of proof
  4. Admission of party opponent
  5. Unavailable witness

Benefits

The panel will review these and other key issues:

  • When is deposition testimony admissible at trial?
  • Factors to decide whether to use deposition testimony at trial
  • When using deposition testimony at trial is not advisable

Faculty

Costello, Sean
Sean P. Costello, Esq.
Law Office of Sean P. Costello

Mr. Costello has litigated product liability cases, represented individuals in SEC and other government...  |  Read More

Risvold, John
John Risvold, Esq.
The Collins Law Firm

As a trial lawyer Mr. Risvold handles personal injury, medical negligence, wrongful death, environmental and other...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts.

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