Using Deposition Transcripts to Impeach a Witness

Imagine being in the middle of a trial when a witness suddenly changes their story. Your heart races, but you smile, knowing you have a secret weapon: their deposition transcript. Using prior inconsistent statements may be enough to impeach a witness from the stand. Explore the effective ways to do this and pitfalls to avoid.

How Do You Impeach a Witness?

Impeaching a witness involves challenging their credibility by highlighting inconsistencies in their testimony. One viable method is to reference contradicting statements taken during their deposition. Here’s how:

• Confirm the prior statement: Ensure you have a clear statement from the witness’s deposition that contradicts what they said on the stand. The inconsistency must be unmistakable to avoid ambiguity.
• Lay the foundation: Before revealing the contradiction, set the stage. Ask the witness if they remember giving a deposition on a specific date, under oath, with their attorney present. This refreshes their memory and conveys the deposition’s significance to the jury.
• Pinpoint the inconsistency: Direct the witness to the exact page and line of the deposition transcript where the contradictory statement lies. Read the specific passage aloud and ask the witness to confirm. For example: “Do you recall stating on page 12, line 8 of your deposition that the traffic light was red? And I quote, ‘The light was red.’ Did I read that correctly?”
• Seal the deal: The inconsistency should speak for itself, but highlight it succinctly to the court: “Today, you testified the light was green, but in your deposition, you said it was red, a clear contradiction.”

Tips for Effective Witness Impeachment

For the above example to go smoothly, you must:

• Stay organized: Have multiple copies of the deposition transcript—for yourself, the witness, opposing counsel, and the judge.
• Be precise: Vague questions lead to ambiguous answers. Frame your questions to elicit specific responses and minimize the witness’s ability to wriggle out of it.
• Educate the jury: Some jurors might not understand what a deposition entails. Use your questioning to outline its viability as impeachment evidence.

Common Pitfalls to Avoid

Don’t fall for these mistakes when attempting to impeach a witness:

• Skipping the foundation: Jumping straight to the inconsistency without setting the scene may confuse the jury and weaken your position.
• Letting the witness off the hook: If the witness admits to the prior statement, don’t just move on. Highlight the significance of the contradiction to reinforce the point.
• Impeaching a witness over trivial matters: Focus on inconsistencies that matter. If the witness said they were driving 40 mph instead of 35 mph, it’s probably not worth the court’s time.

Make Every Deposition Count with Talty Court Reporters

With practice, precision, and a little courtroom flair, you can turn prior inconsistent statements into compelling impeachment evidence. At Talty Court Reporters, we utilize the latest technology to deliver the very best results in your legal case. Turn to us for top-quality remote depositions, court reporting and transcribing services, video and audio conferencing, and much more. For additional information about our services or to request a cost estimate, please contact us today.