A witness whose trial testimony differs from their deposition may be impeached with the prior statement. The examiner establishes the prior testimony, confronts the witness with it, and reads or plays the passage.
Deposition testimony of a party is admissible for any purpose.
Alternative Names:
Prior Inconsistent Statement (Deposition), Deposition Impeachment
Why it Matters?
The distinction between impeachment and substantive use matters, since a party's deposition testimony comes in for any purpose while a non-party's prior inconsistent statement is generally impeachment only unless it qualifies under a hearsay exception. Video impeachment is substantially more effective than reading, because the jury sees the witness giving the earlier answer rather than hearing counsel recite it.
Frequently Confused with
Related terms
Frequently asked questions
Is deposition testimony substantive evidence?
Why is video impeachment more effective?
