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Improving the Trial Process for Jurors
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32
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WHEN A WITNESS APPEARS BY WRITTEN OR VIDEOTAPED DEPOSITION, THE TESTIMONY PROPOSED FOR ADMISSION SHOULD BE IDENTIFIED AND OBJECTIONS TO ADMISSION RESOLVED BEFORE POTENTIAL JURORS ARRIVE AT THE COURTROOM.
WHEN DEPOSITION TESTIMONY IS READ TO THE JURY, EACH JUROR SHOULD BE PROVIDED, TO THE EXTENT FEASIBLE, WITH A REDACTED TRANSCRIPT OF THE TESTIMONY FOR THE JUROR’S USE DURING THE READING. REDACTIONS SHOULD NOT BE APPARENT TO THE JURY.
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Deposition
Testimony
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When a witness appears by deposition, presentation of that testimony by reading questions and answers can be time-consuming and boring, interfering with jurors’ comprehension and retention. Providing copies of the testimony offered will allow jurors to better understand and retain the deposition testimony. Copies of testimony will also enable hearing-impaired jurors to comprehend the deposition testimony more easily.
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Advance
Identification
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Parties usually know the portions of deposition testimony they intend to introduce. Advance identification of proposed testimony allows the parties and the court to resolve objections before the potential jurors arrive at the courtroom for selection, thereby minimizing juror waiting time.
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Federal Court
Practice
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The federal court in Spokane requires advance identification, objection, and resolution of deposition testimony:
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Depositions which a party intends to use at trial in lieu of calling the witness must be purged of all repetitious and irrelevant questions and answers, all objections which have been abandoned, and irrelevant colloquy between the attorneys. Purging shall be accomplished by designating the page and line numbers of material proposed to be used. This may be accomplished by the use of a high-lighting marker. A copy of the depositions so purged, or designations thereof, shall be served upon the opposing party no later than ten days before the pretrial conference. Objections and counter-designations by the opposing party shall be served no later than five days before the pretrial conference. Objections shall be submitted to the Court for resolution at the pretrial conference and depositions shall be purged in accordance with the court's ruling. This subsection shall not apply to depositions used to refresh recollection, as an admission against interest, or for impeachment.
LR 32.1 (E.D. Wash. 1996).
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References:
G. Thomas Munsterman, et.al., Jury Trial Innovations, §IV-10 (1997) (regarding use of deposition summaries).
Arizona Supreme Court Committee on More Effective Use of Juries, Jurors: The Power of 12, Summary of Recommendations, no. 33 (p. 24) (recommending use of deposition summaries).
U.S. Dist. Court LR 32.1 (E.D. Wash. 1996).
U.S. Dist. Court LR 32(c) (W.D. Wash. 1997).
U.S. Dist. Court LR 9.4.9 (16-9.4.9) (C.D. Cal.).
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