Designations specify page and line ranges for presentation at trial, used where a witness is unavailable or for party admissions. Counter-designations and objections follow, with the court ruling before presentation.
Video designations require synchronized recordings.
Alternative Names:
Trial Designations, Designated Testimony
Why it Matters?
Unavailability is the threshold for non-party designations, and the definition is narrower than parties assume, generally requiring death, illness, distance beyond the subpoena range, or inability to procure attendance. A party's own deposition may be used for any purpose without establishing unavailability, which is the more common designation basis in practice.
Frequently Confused with
Related terms
Frequently asked questions
What establishes unavailability?
Does a party's own deposition require unavailability?
