On request of any party in a case tried before a jury, deposition testimony offered other than
for impeachment purposes shall be presented in nonstenographic form, if available, unless the court for good cause orders otherwise.
The report numbers each question and answer so it is easy to reference in your examination outline
for impeachment purposes.
The disclosure requirements of evidence used for substantive purposes differ from those used
for impeachment purposes.
Not exact matches
An article of
impeachment shall not be divisible
for the
purpose of voting thereon at any time during the trial.
If so, the deposition will be less useful
for impeachment and other
purposes.
Rule 30.09 of the Rules of Civil Procedure requires that if surveillance is to be used as substantive evidence at trial, then counsel must give the opposite party notice of its intention to use the evidence, and the evidence itself must be produced to the opposite party at least 90 days before the commencement of trial.7 If counsel fails to do so, the Court will limit the use of that evidence to
impeachment purposes only, except where a trial judge grants leave to use the evidence
for substantive
purposes.
Assuming the documentary productions could be used to impeach the plaintiff / complainant in the course of her testimony at the criminal trial (
impeachment is a recognized exception to the deemed undertaking rule, in that Rule 30.1 does not prohibit discovery evidence being used
for this
purpose), the civil defence lawyer emailed the plaintiff's productions to his criminal counterpart.
So you lose an evidentiary argument and the court allows some potentially prejudicial evidence to be presented
for some narrow
purpose such as bias,
impeachment or to show intent, similar plan, motive or scheme.
Hopefully, the information here will allow you to make use of a prior criminal conviction
for purposes of
impeachment and prevent such evidence from being misused against your client should the tables be turned upon you.