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

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Friday, May 3, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will discuss the strategic and practical use of deposition testimony at trial under FRCP 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 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 FRCP 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. Opening statements
  2. Impeachment by a prior inconsistent statement
  3. Refreshing recollection
  4. Offer of proof
  5. Admission of a party opponent
  6. Unavailable witnesses

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

Gordon, Michael
Michael R. Gordon

Founder and Managing Partner
GordonLaw

Mr. Gordon has been representing businesses and individuals in all aspects of dispute avoidance and resolution since...  |  Read More

McGay-Jennifer
Jennifer Hurley McGay

Partner
Lewis Johs Avallone Aviles

Ms. Hurley McGay litigates a wide range of complex matters in both state and federal trial and appellate courts,...  |  Read More

Moore, Escum
Escum L. (Trey) Moore, III

Attorney
Moore & Moore

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 |  Read More

Access Anytime, Anywhere

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

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