§32.8 Strategic and Practical Considerations

• Jurisdiction: Washington

§32.8STRATEGIC AND PRACTICAL CONSIDERATIONS

The following sections discuss issues that arise regarding use of depositions at trial.

(1)Sample impeachment using deposition testimony

In a jury trial, take care to educate the jury regarding the deposition process so that the jurors will understand what is happening when a witness is impeached. If a witness is merely asked whether he or she testified at deposition in a contrary manner, much of the impact may be lost. Questions such as the following may enhance the impact of impeachment:

Q: Mr. Smith, do you recall that your deposition was taken some time ago in this case?

Q: Do you recall that you took an oath and swore to tell the truth? Just like you did here?

Q: Your attorney was present at the deposition?

Q: You recall that your testimony was taken down word-for-word by a court reporter and transcribed into this booklet that is your deposition? Just like the court reporter is doing now?

Q: The transcript of your deposition was submitted to you and you were given an opportunity to make any changes that you felt were necessary?

Q: And, in fact, you made changes on pages 13, 28, and 33?

Q: Now, let's look at the testimony on page 14 at lines 9 through 10.

Q: You made no changes to that testimony, did you, Mr. Smith?

Q: Now at that point in your deposition, Mr. Smith, you were asked the following question and gave the following answer:

After this is done on one or two occasions before a jury, the jurors should have a better understanding of what has transpired when a witness has been impeached.

(2)Be prepared to establish the requisite foundation

Be prepared to demonstrate at trial that the particular foundational elements of CR 32 have been satisfied. For example, when proceeding under CR 32(a)(2), which deals with officers, directors, and managing agents of a party, simply establish during the...