Legal Question in Criminal Law in Florida

rescinding statement/deposition

Can a ''victim'' rescind his statements/depositions because he now admits that he was mad at one of the defendants and did not really see what he told police.He just thought he was with the others that beat him up but now admits to friends he made a mistake.


Asked on 1/10/08, 4:37 pm

1 Answer from Attorneys

Richard Hornsby Richard E. Hornsby, P.A.

Re: rescinding statement/deposition

You can not rescind a deposition, but a person who gave a deposition can make written changes to a deposition. He then has to explain why he made the changes in the errata section of the deposition.

On the other hand, a person who gave a written statement could always say they were mistaken as to the previous statement, they would just be subjected to cross-examination and possible impachment due to the inconsistent statements.

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Answered on 1/10/08, 4:41 pm


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