CACI 208 Deposition as Substantive Evidence

California Civil Jury Instructions CACI

208 Deposition as Substantive Evidence

During the trial, you received deposition testimony that was [read from the deposition transcript/[describe other manner presented, e.g., shown by video]]. A deposition is the testimony of a person taken before trial. At a deposition the person is sworn to tell the truth and is questioned by the attorneys. You must consider the deposition testimony that was presented to you in the same way as you consider testimony given in court.

Sources and Authority

• How Testimony is Taken. Code of Civil Procedure section 2002.

• Use of Deposition at Trial. Code of Civil Procedure section 2025.620.

• Admissibility of Former Testimony. Evidence Code sections 1291(a), 1292(a).

• “Former Testimony” Defined. Evidence Code section 1290(c).

• “Admissions contained in depositions and interrogatories are admissible in evidence to establish any material fact.” (Leasman v. Beech Aircraft Corp. (1975) 48 Cal.App.3d 376, 380 [121 Cal.Rptr. 768].)

• “The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds the witness unavailable as a witness within the meaning of section 240 of the Evidence Code.” (Chavez v. Zapata Ocean Resources, Inc. (1984) 155 Cal.App.3d 115, 118 [201 Cal.Rptr. 887], citation omitted.)

Secondary Sources

3 Witkin, California Evidence (5th ed. 2012) Presentation at Trial, §§ 167–176
7 Witkin, California Procedure (5th ed. 2008) Trial, § 293
1A California Trial Guide, Unit 20, Procedural Rules for Presentation of Evidence, §§ 20.30–20.38, Unit 40, Hearsay, §§ 40.60–40.61 (Matthew Bender)
5 Levy et al., California Torts, Ch. 72, Discovery, § 72.41 (Matthew Bender)
16 California Forms of Pleading and Practice, Ch. 193, Discovery: Depositions, §§ 193.90–193.96 (Matthew Bender)
Matthew Bender Practice Guide: California Civil Discovery, Ch. 6, Oral Depositions in California

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