See also: TESTIMONY.

§ 1.  As Hearsay

Deposition testimony is ordinarily considered hearsay and inadmissible at trial unless it falls within an exception.{footnote}Hong v. Children’s Memorial Hosp., 993 F.2d 1257 (7th Cir. 1993), cert. denied 114 S.Ct. 1372, 128 L.Ed.2d 48, rehearing denied 114 S.Ct. 2695, 129 L.d.2d 826 (deposition testimony of plaintiff’s brother-in-law regarding statements by defendant inadmissible).
State v. Clark, 614 So. 2d 453 (Fla. 1992) (reversing conviction where deposition not taken in an adversary proceeding used as substantive evidence).{/footnote}  Depositions may be introduced at trial (1) to impeach a witness;{footnote}Fed. R. Civ. P. 32(a)(1); Fed. R. Crim. P. 15(e).{/footnote} (2) as substantive evidence where the deponent is an adverse party;{footnote}Fed. R. Civ. P. 32(a)(1).
Cf. Cal. Evid. Code § 1291 (only where adverse party is unavailable at trial).{/footnote} or (3) as substantive evidence where the deponent is unavailable to testify in court.{footnote}Fed. R. Civ. P. 32(a)(1); Fed. R. Crim. P. 15(e); Robertson v. Baldwin, 165 U.S. 275, 282 (1897) (admission of depositions of witnesses who have died since the first trial allowed under the sixth amendment); United States v. Kelly, 892 F.2d 255, 260-63 (3d Cir. 1989) (admitting depositions of witnesses taken in Belgium, with defense attorneys present and having opportunity to cross-examine, and when defendants were permitted to listen to the depositions live and to speak with their attorneys by telephone, did not violate defendant’s confrontation right; evidence fell within firmly-rooted hearsay exception for prior testimony of unavailable declarants), cert. denied, 497 U.S. 1006 (1990).

{/footnote}

§ 2.  Objections at Time of Deposition

Under the federal rules, all objections to deposition testimony, except as to the form of the questions, are deemed preserved at the time of the taking of the deposition.{footnote}Fed. R. Civ. P. 32; Fed. R. Crim. P. 15.{/footnote}

§ 3.  Excerpts

Where one party is offering an excerpt of deposition testimony, any other party may have related portions which ought to be considered along with the excerpted portion introduced at the same time.{footnote}Fed. R. Civ. P. 32(a)(4); Fed. R. Crim. P. 15(e); Allen v. Pearson, 415 F.2d 499 (5th Cir. 1969).{/footnote}  Alternatively, any party may offer other relevant portions at a later time.{footnote}Fed. R. Civ. P. 32(a)(4); Fed. R. Crim. P. 15(e).{/footnote}

§ 4.  Adverse Parties

The federal rules provide that the deposition of a party "may be used by an adverse party for any purpose."{footnote}Fed. R. Civ. P. 32(a)(2).  See also Ill. Rev. Stat. ch. 110A, & 212(a)(2).{/footnote}  Where the party-deponent is a corporation or other entity, the deposition is admissible against the corporation so long as the individual deposed was at the time of the deposition an officer, director, managing agent or was the corporation’s designated representative.{footnote}Fed. R. Civ. P. 30(b)(6); 31(a); 32(a)(2); Moore’s § 32.04.{/footnote}  The deposition is admissible as substantive evidence, and therefore may be introduced in the adverse party’s as part of its case, without regard to whether the party-deponent is available to testify or has testified.{footnote}Community Counseling Svc., Inc. v. Reilly, 317 F.2d 239, 243 (4th Cir. 1963).{/footnote}  Admissions by a party in a deposition are conclusive and cannot be contradicted by later testimony or affidavit.{footnote}Commonwealth Eastern Mortgage Co. v. Williams, 163 Ill. App. 3d 103, 516 N.E.2d 515 (1st Dist. 1987).{/footnote} 

The court may exclude deposition testimony where it is redundant.{footnote}King & King Enterprises v. Champlin Petroleum Co., 657 F.2d 1147, 1164 (10th Cir. 1981).{/footnote}

Deposition testimony of witnesses living more than 100 miles from the place of trial is freely admissible at trial.{footnote}Klepal v. Pennsylvania R.R. Co., 229 F.2d 610, 612 (2d Cir. 1956).
{/footnote} 

§ 5.  Impeachment

See also IMPEACHMENT.