Q: Depositions taken during the discovery phase.
In order to use a deposition as evidence in a civil case during trial, will the deposition have to be filed in court before the trial date and once filed then it can be added to the exhibit list? Is the proper procedure?
A: It is not generally an exhibit. The deposition is lodged with the Court right before trial. There are usually requirements to submit portions of transcripts that plan to be read.
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A:
In California, depositions taken during the discovery phase do not necessarily need to be filed with the court before the trial date in order to be used as evidence during the trial. However, there are certain procedures that must be followed to properly introduce deposition testimony as evidence.
1. Designating deposition testimony: Before trial, the party intending to use the deposition testimony must provide written notice to all other parties, specifying the portions of the deposition they intend to use. This is typically done in a document called a "Deposition Designation."
2. Counter-designations and objections: The other parties then have the opportunity to counter-designate additional portions of the deposition they believe should be included for context or completeness. They may also object to the designated testimony.
3. Resolving objections: The parties should attempt to resolve any objections to the designated testimony before trial. If objections cannot be resolved, the court will rule on them before or during the trial.
4. Introducing deposition testimony at trial: During the trial, the party using the deposition testimony will read the designated portions into the record or play the relevant video excerpts, if the deposition was recorded audiovisually.
5. Exhibit list: If the deposition transcript or video will be used as an exhibit, it should be included on the exhibit list exchanged between the parties before trial. The exhibit list is typically filed with the court before the trial begins.
In summary, while the deposition itself does not need to be filed with the court before the trial, the parties must follow the proper procedures for designating, counter-designating, and objecting to deposition testimony, as well as including the deposition on the exhibit list if it will be used as an exhibit.
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