consiDerations on the use of Depositions at triaL
Trial & litigation Section
continued from page 58
Deposition designations require advance preparation whether in print or video form . To use transcripts at trial , you must consider whether the case will be heard by a judge or a jury . Most federal and state court judges do not want the parties to read testimony into the record . Judges normally will specify a preference for lawyers to designate testimony by highlighting designations to reflect testimony being offered by the parties or jointly . Some judges overseeing a bench trial express different preferences for presenting objections to deposition designations . For example , some judges require a pleading designating the line and page numbers of the testimony objected to , while others require different formats ( such as highlighting the testimony objected to with a different color and annotating the parties ’ objections in the margins ). Check your judge ’ s standing pretrial orders or inquire about the judge ’ s particular preferences with regard to deposition designations at a pretrial conference or other occasion that will allow sufficient time to prepare the designations properly . n
Author : Kevin J . Napper – Kevin Napper Law
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