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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Friday, May 3, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will discuss the strategic and practical use of deposition testimony at trial under FRCP 32 and comparable state evidence rules. The program will cover using deposition testimony for impeachment, refreshing recollection, offer of proof, admission of a party opponent, and unavailable witness. The program will discuss litigation tactics and whether to use deposition testimony at trial.

Faculty

Michael R. Gordon
Founder and Managing Partner
Gordon Law, LLP

Mr. Gordon has been representing businesses and individuals in all aspects of dispute avoidance and resolution since 1989. Some examples of the matters Mr. Gordon has handled include acting as lead litigation counsel for a major foreign bank sued for billions of dollars in connection with the bankruptcy of a large telecom company, successfully fending off a $100 million lender liability case against one of the five largest U.S. banks, and obtaining a $48 million judgment against a large California real estate developer. He is a frequent speaker and writer on a variety of topics related to litigation and is the former Co-Chair of the Commercial Disputes Practice Group at a global, AmLaw 100 law firm.

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Jennifer Hurley McGay
Partner
Lewis Johs Avallone Aviles, LLP

Ms. Hurley McGay litigates a wide range of complex matters in both state and federal trial and appellate courts, including more than 15 years of experience defending federal and state securities law claims, as well as experience litigating bankruptcy and a variety of common law claims. Her practice includes litigation involving structured products, such as CDOs, asset-backed securities and swaps

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Escum L. Moore
Attorney
Moore & Moore, PLLC

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Description

Depositions are a critical discovery tool in every litigation to obtain facts and admissions from the opponent. However, deposition testimony is not readily admitted at trial because it is hearsay evidence.

The Federal Rules of Civil Procedure allow deposition testimony to be admitted in limited circumstances: for impeachment, refreshing recollection, offer of proof, admissions, and unavailable witness.

In addition to the rule of admission, there are practical reasons a litigator would want to use deposition testimony at trial--and reasons not to use deposition testimony at trial.

Listen as our panel of litigators reviews FRCP 32 and comparable state evidence rules on the admissibility of deposition testimony at trial. The panel will discuss using deposition testimony for impeachment, refreshing recollection, offer of proof, admission of a party opponent, and unavailable witness. The panel will provide guidance on determining how and whether to use deposition testimony at trial.

Outline

  1. Opening statements
  2. Impeachment by a prior inconsistent statement
  3. Refreshing recollection
  4. Offer of proof
  5. Admission of a party opponent
  6. Unavailable witnesses

Benefits

The panel will review these and other key issues:

  • When is deposition testimony admissible at trial?
  • Factors to decide whether to use deposition testimony at trial
  • When using deposition testimony at trial is not advisable