In a civil case, Isn’t all deposition testimony admissible for use at trial, as long as it’s under oath and there was a court reporter and the witness’s counsel was present?
In Illinois, there is a differnce between discovery depositions and evidence depositions. Discovery depositions are not admissible at trial. They may however be used for impeachment and may be used if it is from an adverse party. However, an evidence deposition is required for non-party witnesses and for a party's own witness. Evidence depositions may only proceed by agreement of the parties or by order of court.
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In Florida, there is essentially no difference, except that a deposition for use at trial is noticed as such so that the deposition is conducted as if before a jury. Discovery depositions tend to be more exploratory. In Florida, any statement under oath is admitted at trial depending upon its use and lack of applicable hearsay objections, regardless of whether or not the witness' counsel was present.
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