Section 4.48 Circumstances Under Which Such Depositions May Be Used

• Library: Discovery 2015

Rule 57.07(a) states that “[d]epositions may be used in court for any purpose,” thereby doing away with the foundational requirement that the deponent is not available to testify at trial.

An expert’s deposition testimony that he had formed no opinion of an appropriate discount rate to apply in determining a present value of a property owner’s claimed future lost profits did not preclude that expert from identifying at trial an exhibit that showed the effect of using a different discount rate than that...