In this installment of the Ganci Law Update, CaseyGerry attorney Eric Ganci discusses depositions and how a 2022 decision influences how depositions can be used if a party is unavailable for trial.
Using the recent 2022 decision in Berroteran II v. Superior Court, Ganci examines the question - can a prior deposition be used as evidence if a party is unavailable for trial.
Prior deposition transcripts, otherwise heresay, can be admissible as evidence if the following criteria are met:
- The party is unavailable.
- The opposing party was party to a prior litigation.
- The opposing party had opportunity to cross-examine with a similar motive and interest.
Learn more about Eric Ganci
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