Legal Question in Civil Litigation in California
Can I ask the exact same set of questions in a trial that were asked to a witness during their deposition? will the defense counsel object to this?
Can I ask the exact same questions to each witness without objection from defense counsel?
3 Answers from Attorneys
1. Yes, that's the whole point of taking depositions. Be prepared to confront the witness with their deposition testimony if the story changes.
2. Expect them to object to everything you say and do.
3. That you asked the same questions to different witnesses is not in itself objectionable.
What you asked in the deposition is not in evidence because the deposition transcript has not been placed into evidence, so you can ask the exact same questions.
You can ask the same questions, but that doesn't mean you won't get an objection from the opposition at trial, or that the judge won't sustain it.
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