Deposition Designations (Trial)

Deposition Designations (Trial)

Deposition Designations (Trial)

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 asked questions

What establishes unavailability?

Does a party's own deposition require unavailability?