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Defendant was ordered to file a certified copy of a deposition. The deposition was missing the exhibits. Is that proper?

Atlanta, GA |

Is a certified deposition transcript without the exhibit admissible? Can I object to it and demand complete record? This is in Federal court.

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Attorney answers 1


No, it is not proper. The exhibits are definitely part of the deposition, and the deposition should not have omitted them. You should correspond with defendant (or defendant's counsel) requesting that he/she/it supplement the filing of the deposition with the deposition exhibits. If he/she/it does not, then you should inform the court that defendant has failed to comply with its order.

You mention the word "admissibility." Depositions are almost never admitted into evidence. Witnesses are expected to testify live at trial, unless they are unavailable, and only if unavailable, can the deposition transcript be read into evidence. Depositions may be used to impeach a witness if the witness testifies inconsistently under oath. The Court is permitted to consider the deposition (and exhibits) on a motion for summary judgment, however.

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