Legal Question in Civil Litigation in Pennsylvania

It depends upon the intended use. Yes, if for impeachment purposes -- meaning that the in-court witness now says something different than was said at deposition. If this occurs, the in-court witness can be confronted with the conflicting deposition testimony and made to look like a liar. This process is called "impeachment."

Generally not, however, if the deposition testimony is the same as the in-court testimony of the witness -- in that case, it's repetitive and redundant and BORING. Tactically, if the witness is available, a live witness will tell your story in court better than a dry transcript recitation. I suppose that's not always true, but typically deposition transcripts can't be used if the witness is available to testify in court and in person (except for impeachment purposes, as explained above). Such a transcript reading would also stifle cross-examination by the other side, and that's usually a no-no under due process analyses.

Hope this helps. Best of luck to you.

Cary B. Hall, Esquire

Law Offices of Cary B. Hall, L.L.C.

121 East Chestnut Street, Suite 205

Souderton, PA 18964

T: (267) 663-9995

F: (215) 525-4364

[email protected]

http://www.carybhall.com