Depositions

Transcripts and Use

Counter-Designation

Counter-Designation

Counter-Designation

Counter-designations supply context or contrary testimony from the same deposition, presented together with the original designations. They are served in response under the pretrial order schedule.

The rule of completeness supports their use.

Alternative Names:

Counter-Designation of Testimony, Cross-Designation

Why it Matters?

Counter-designation is the mechanism for preventing selective presentation, since a passage read in isolation may convey the opposite of what the witness said across the full exchange. The rule of completeness supports requiring contemporaneous presentation rather than deferring the counter-designation to a later point in trial. Objections to counter-designations as beyond the scope are common and resolved with the designation objections.

Frequently asked questions

What is the purpose of counter-designation?

When are counter-designations presented?