Q: Can the defense attorney speak with the plaintiff witnesses on the phone in lieu of a deposition, Is this admissible?
This is a slip and fall lawsuit where the defense attorney is having a difficult time reaching plaintiff witnesses for deposition. So instead, he stated that he would speak to them on the phone.
A: He may interview the witnesses to see what they have to say. With their permission he may record the calls. Some states allow recording without permission but jurors tend to think that is unfair and sneaky. If the witnesses testify at trial, and say something contradictory to what is in a recorded statement, he may play the statement to the jury.
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