Close date updated to 2025-01-31 11:59 pm
@GeorgeVii Does testify include depositions that are not read into the record at trial? What about depositions that are read into the record?
@MattReardon Thanks for the question.
Is there any way to know of depositions that are not read into the record? (sry I am very law noob)
I will include depositions read into the record at trial in YES criteria.
@GeorgeVii Not by default, but very often there will be entries on the public docket the refer to depositions that have taken place or use them to support motions, so you can infer they happened that way, though their *content* is not public by default and usually only bits and pieces end up becoming public, so their publication turns on how substantively important the testimony was for some part of the case. Another way to know is that the relevant employee can just say "yeah I was deposed."
One way to think about it is: you depose ~15 people to figure out which of them should be your ~6 witnesses at trial (whose testimony most matters for the outcome). So being deposed by itself is less significant than taking the stand or having your deposition testimony read at trial (which are supposed to be equal).
@DeanValentine Yeah maybe a simpler question is: does there need to be a trial for this to resolve yes?
@GeorgeVii Generally no depositions in US federal criminal proceedings. Generally couldn't use a civil deposition for confrontation Clause reasons. Plus FRCrimPro 26 generally requires live testimony. https://www.law.cornell.edu/rules/frcrmp/rule_26