Civil Procedure Multistate Bar Practice Exam

What is one primary use of depositions at trial?

1. To gather new evidence

2. To impeach the deponent

3. To confirm witness statements

4. To introduce new witnesses

The correct answer is: To impeach the deponent

Depositions serve multiple purposes in the trial process, and one significant use is to impeach the credibility of a deponent. Impeachment refers to the process of calling into question the reliability or truthfulness of a witness's testimony. When a witness's deposition is taken before trial, their statements can be preserved on the record. If that witness changes their story or provides contradictory information at trial, the opposing party can introduce parts of the deposition to highlight these inconsistencies, thereby undermining the witness's credibility in front of the jury. While depositions can help gather information (which might appear to align with gathering new evidence), this isn't their primary function at trial. Similarly, deposits do not introduce new witnesses; rather, they reference individuals who were already disclosed during the discovery phase. Also, confirming witness statements isn't the main focus, as depositions are more about preserving and challenging the testimony than simply affirming it. Thus, the role of depositions in impeaching a deponent is fundamental and illustrative of their utility in trial proceedings.