BarbriSFCourseDetails
  • videocam On-Demand
  • signal_cellular_alt Intermediate
  • card_travel Class Action and Other Litigation
  • schedule 90 minutes

Leveraging Depositions at Trial: Impeachment, Refreshing Recollection, Offer of Proof, Admissions, Unavailable Witness

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About the Course

Introduction

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.

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.

Presented By

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.

Jennifer Hurley McGay
Partner
Lewis Johs Avallone Aviles, LLP

Ms. Hurley McGay represents individuals and companies in both small and large complex commercial disputes in state and federal courts, as well as in bankruptcy proceedings. She has experience litigating cases involving a broad spectrum of substantive issues, including business torts, class actions, contract, construction disputes, bankruptcy, securities law, intellectual property, employment, and corporate issues. The clients in these cases have been both plaintiffs and defendants engaged in a wide variety of industries, including financial services, oil and gas, cable and media, sporting goods, telecommunications, electronics, insurance, information technology, and cash management and financial technology. Ms. Hurley McGay handles matters during all phases of litigation through trial, appeal, and settlement. She regularly counsels clients in ways to avoid or minimize litigation risks and is well versed in various forms of alternative dispute resolution, including arbitration and mediation. Ms. Hurley McGay also negotiates and drafts business agreements, including employment agreements, participation agreements, and non-disclosure agreements, and advises clients on transactional and regulatory matters and the day-to-day issues affecting their businesses. Her experience includes substantial experience representing credit unions and she is well versed in the specific rules and regulations that govern credit unions and Credit Union Service Organizations.

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


  • Live Online


    On Demand

Date + Time

  • event

    Friday, May 3, 2024

  • schedule

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

  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

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