Most jurors don’t know what a deposition is or the significance and implications of giving sworn testimony. Lawyers who simply try to impeach the witness by referring to and then reading from a page and line in the transcript are missing a golden opportunity to destroy the witness on cross.
In this video I share a great way use prior sworn deposition testimony to impeach the witness on cross. At the same time, I’m teaching the jury all about the significance of depositions. I’d like to know your thoughts so please share your comments!
I will be sharing this superb video re cross-examination and use of a deposition (admissible as "prior testimony") for impeachment purposes on all social media, and emailing hundreds more lawyers whom I know and aren't on social media, as yet. As a result of sending them the video and advising of its location on social media, I think the other attorneys will realize that social media is a great place to be. Four excellent points that you "drove home" in the video are: (1) the use of imagery for the jury's behalf, to lock in the physical layout of the deposition room and the procedural process of a deposition's discourse; (2) reinforcing to the deponent that his or her testimony is being taken under oath, prior to the deposition beginning; and (3) subpoenaing the Court Reporter to testify as to the oath taken by the deponent prior to having his or her deposition taken; and (4) reinforcing to the jury (by way of the Court Reporter's further testimony), that deponent had ample prior knowledge (both by you and the reporter who swore the deponent in); and hence deponent must have known s/he was testifying under oath. Brilliant tactics to reinforce to the jury that s/he "knew" their testimony was under oath. If you employ the same teaching-quality in the courtroom as you do in the video, then there is little wonder about your winning track record. I've seen the greats in court before, including Johnnie Cochran, whom I knew on a first-named basis for 35 years; and I've just seen you. Bravo!