In civil court, can I use a deposition from someone else's lawsuit as evidence to impeach or counter the testimony of the same deponent who will likely be a witness in my upcoming trial? Or to impeach the deponents affidavit that will surely be part of it? There is one in the docket of another court and a different one posted on the deposing attorney's website. If so, what steps are required to ensure the deposition(s) is allowed in as evidence? Thank you.
Family Law Attorney
If it is relevant and either not hearsay or a hearsay exception, and you got a certified copy from the court, yes,. You could use it to impeach the person who gave it if that person was present as a witness. You don't impeach affidavits, you impeach people. If start using exhibits attached to the deposition, then you are looking at evidence within evidence, you would have to consider it all in the context of your trial. Evidence is tricky. But you are certainly way ahead of the game with a deposition. However, you are going to have to get a certified copy from the court, you can't take it off of a website.
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