Deposition as Substantive Evidence A deposition is the sworn testimony of a witness taken before trial. The witness is placed under oath to tell the truth and lawyers for each party may ask questions. The questions and answers are recorded. The deposition of several witnesses taken in this case may be presented to you. Deposition testimony is entitled to the same consideration and is to be judged, in so far as possible, in the same way as if the witness had been present to testify. Do not place any significance on the behavior or tone of voice of any person reading the questions or answers.
SOURCE: Ninth Circuit Model Civil Jury Instruction 2.6 (modified)
Case 2:03-cv-01415-ROS
Document 142-4
Filed 11/29/2005
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