Section 4.40 Rehabilitation

• Library: Discovery 2015

When one party reads a portion of a deposition, the opposing party may read some or all of the remainder in explanation. Thus, when portions of a party’s deposition are read into evidence, rehabilitation of that party’s testimony may be achieved by reading into evidence additional portions of the deposition that serve to explain or clarify the prior testimony. But it is improper rehabilitation to elicit a party’s opinions or thoughts concerning the portions of the party’s deposition read to the jury by that...