Full question:
Do jurors have access to depositions made by either plaintiff or defendants before case went to trial?
- Category: Evidence
- Date:
- State: New York
Answer:
The access jurors have to depositions depends on whether those transcripts were admitted into evidence during the trial. The judge decides if deposition testimony is admissible. If a witness cannot attend the trial, their deposition can be used. Additionally, depositions may be utilized to challenge a witness's testimony if there are inconsistencies.
In legal terms, a witness is considered 'unavailable' if they cannot testify in court, which can allow for the admission of their deposition under hearsay exceptions. Hearsay refers to statements made outside of court that are offered to prove the truth of the matter asserted, and these are generally not admissible because the original speaker cannot be cross-examined.
However, there are several exceptions to the hearsay rule, including:
- Inconsistent statements by the opposing party
- Business records kept in the regular course of business
- Official government records
- Statements made close to the time of an event to refresh a witness's memory
- Prior sworn testimony
- Other exceptions based on a judge's discretion
Ultimately, the court will determine the admissibility of deposition testimony based on the specific circumstances of the case.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.