Extract from Joshua Gilliland’s article “Impeaching Witnesses with Video Deposition Excerpts on Cross-Examination”
Leveraging Deposition Testimony at Trial to Discredit a Witness
The cross-examination of a witness at trial is the opportunity for the dramatic “gotcha” moments of prior conflicting testimony from a deposition. This article provides an overview for the legal requirements for preparing video excerpts for impeachment and how to use video excerpts in Trial Director.
The Value of Impeachment with Deposition Testimony
It’s every lawyer’s dream to play Hollywood’s Perry Mason when cross examining a witness. So we spend hours preparing for a deposition, identifying key exhibits, and deposing the witness. In preparing for trial, cross-examination outlines are prepared with key excerpts from deposition at the ready for impeachment.
The reason for all of the prep work? In case the witness at trial says something inconsistent with their deposition testimony. There is power in showing a witness who took an oath can’t keep their story straight.
