Section 9.14 Depositions

• Library: Sources of Proof (2014 Ed.)

2. (§9.14) Depositions

Deposition testimony is read and played to the jury in almost every trial. Video depositions, especially of those who are unavailable or would be expensive to bring to trial, are routinely played in the courtroom (just not after lunch). Worse yet, non-video depositions are often read to the jury by counsel and someone acting as the witness when the witness is unavailable or unpalatable.

Simply put, “depositions may be used in court for any purpose.” This is true as long as:

· the portions to be read are “admissible under the rules of evidence applied as though the deponent were testifying in court”; and

· the party against which it is being used was present or represented at the deposition.

Rule 57.07(a). As a practical matter, this means that in case of objection, the party offering the testimony has the burden of showing it is relevant and otherwise admissible.

Most statements in the depositions of the parties will be admissions of a party opponent as long as they are offered by the adverse party. This is also true for corporations as long as the witness appeared in response to a notice to take the deposition of a corporate designee in accordance with Rule 57.03(b)(4) or was otherwise speaking for the corporation at the time the statement was made. See:

· Annin v. Bi-State Dev. Agency, 657 S.W.2d 382 (Mo. App. E.D. 1983)

· Bynote v. Nat’l Super Mkts., Inc

...