208.Deposition as Substantive Evidence
During the trial, you received deposition testimony that was [read from
the deposition transcript/[describe other manner presented, e.g., shown by
video]]. A deposition is the testimony of a person taken before trial. At a
deposition the person is sworn to tell the truth and is questioned by the
attorneys. You must consider the deposition testimony that was
presented to you in the same way as you consider testimony given in
New September 2003; Revised December 2012
Sources and Authority
• How Testimony is Taken. Code of Civil Procedure section 2002.
• Use of Deposition at Trial. Code of Civil Procedure section 2025.620.
• Admissibility of Former Testimony. Evidence Code sections 1291(a), 1292(a).
• “Former Testimony” Deﬁned. Evidence Code section 1290(c).
• “Admissions contained in depositions and interrogatories are admissible in
evidence to establish any material fact.” (Leasman v. Beech Aircraft Corp.
(1975) 48 Cal.App.3d 376, 380 [121 Cal.Rptr. 768].)
• “The deposition of a witness, whether or not a party, may be used by any party
for any purpose if the court ﬁnds the witness unavailable as a witness within
the meaning of section 240 of the Evidence Code.” (Chavez v. Zapata Ocean
Resources, Inc. (1984) 155 Cal.App.3d 115, 118 [201 Cal.Rptr. 887], citation
3 Witkin, California Evidence (4th ed. 2000) Presentation at Trial, §§ 153–162
7Witkin, California Procedure (5th ed. 2008) Trial, § 293
1A California Trial Guide, Unit 20, Procedural Rules for Presentation of Evidence,
§§ 20.30–20.38, Unit 40, Hearsay, §§ 40.60–40.61 (Matthew Bender)
5 Levy et al., California Torts, Ch. 72, Discovery, § 72.41 (Matthew Bender)
16 California Forms of Pleading and Practice, Ch. 193, Discovery: Depositions,
§§ 193.90–193.96 (Matthew Bender)
Matthew Bender Practice Guide: California Civil Discovery, Ch. 6, Oral
Depositions in California