Chapter 14 - § 14.5 • TRIAL PRESERVATION DEPOSITIONS

• Jurisdiction: Colorado

§ 14.5 • TRIAL PRESERVATION DEPOSITIONS

Federal

➢ Purpose of Taking Deposition Generally Irrelevant. "According to most courts, there is no general requirement that a deposition used at trial must have been taken for the express purpose of preserving the witness's testimony for trial." 7 Moore's Federal Practice (3d ed.) § 32.02[5]. "[P]retrial depositions are not only intended as a means of discovery, but also serve to preserve relevant testimony that might otherwise be unavailable for trial." A party who does not examine a witness at deposition assumes the risk that the testimony could be admitted at trial if the witness will not or cannot appear. Gill v. Westinghouse Elec. Corp., 714 F.2d 1105, 1107 (11th Cir. 1983); Savoie v. Lafourche Boat Rentals, Inc., 627 F.2d 722, 727 (5th Cir. 1980); Henkel v. Xim Prods., Inc., 133 F.R.D. 556, 557 (D. Minn. 1991); United States v. IBM Corp., 90

...