Prior to trial in most Buffalo personal injury lawsuits, the parties will usually be questioned under oath at what is typically referred to as an examination before trial or deposition. While the form of this examination is less formal than testifying at trial, in most cases a stenographer will make a transcript of the proceeding. Under certain circumstances, this transcript or portions of it can later be used by the parties at trial.
Unless there is some other reason why the testimony is not admissible, the transcript may be used for the purpose of contradicting or impeaching the testimony given by that party at trial. In other words, if what is said by the witness during the trial does not agree with what he or she said during the deposition, that party may be questioned regarding the difference between the two statements.
Deposition testimony may also be admitted at trial if the person who gave it is unavailable to testify. This usually requires a showing that the person who gave the testimony is dead; unable to attend due to sickness, age, infirmity or imprisonment; lives more than 100 miles away or outside of the state; or that the party seeking to have the testimony admitted made a diligent effort but was unable to secure the attendance of the witness at the personal injury trial.
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