Wonderwell
Junior Member
Ca. State
I am a pro-se plaintiff in a civil lawsuit. A major witness assisting me in my case has turned up dead, found floating in a lake. The scope of an upcoming deposition is going to be based upon the testimony these defendant's gave during the criminal aspect of my case, where I was facing serious felony charges. The testimony of the witnesses was so inconsistent, that it caused the Judge to throw out the case during the preliminary hearing. Hence the malicious prosecution lawsuit now.
My questions are as follows:
A.) I am going to be conducting a deposition soon of one of the defendants in my civil lawsuit. Because my major witness was found dead during these proceedings under strange circumstances, I am not going to have the opportunity to question him during the deposition and not be able to use his live testimony in order to discredit the Defendant's testimony.
The following is a theoretical example of what I am asking...
If, during the deposition, I ask the Defendant:
Plaintiff's Question: Did you witness me, the Plaintiff, point a gun and shoot the man?
Defendant's Answer: Yes, I did.
Plaintiff's 2nd Question: Are you aware that testimony given by another witness during my preliminary hearing in criminal court alleged that it was not me that shot the man at the party, but, rather it was another man who has been identified in the past to be your best friend since childhood, and that this witness was present when you and he plotted to put me in jail for something your friend did.
MY QUESTION IS, CAN I USE THE TESTIMONY OF ANOTHER INDIVIDUAL GIVEN UNDER OATH IN STATE CRIMINAL COURT IN ORDER TO DISCREDIT A DEFENDANT DURING A DEPOSITION IN CIVIL COURT WHEN THAT INDIVIDUAL IS UNABLE TO BE PRESENT?
WOULD I BE ABLE TO SUBMIT AS EVIDENCE DURING THE DEPOSITION A COPY OF THE STATE COURT TRANSCRIPTS, AND READ THE TESTIMONY OF A WITNESS THAT WAS NOT PRESENT DURING THE DEPOSITION TO THE DEFENDANT GIVING INCONSISTENT TESTIMONY TO HIGHLIGHT THIS FACT?
I am a pro-se plaintiff in a civil lawsuit. A major witness assisting me in my case has turned up dead, found floating in a lake. The scope of an upcoming deposition is going to be based upon the testimony these defendant's gave during the criminal aspect of my case, where I was facing serious felony charges. The testimony of the witnesses was so inconsistent, that it caused the Judge to throw out the case during the preliminary hearing. Hence the malicious prosecution lawsuit now.
My questions are as follows:
A.) I am going to be conducting a deposition soon of one of the defendants in my civil lawsuit. Because my major witness was found dead during these proceedings under strange circumstances, I am not going to have the opportunity to question him during the deposition and not be able to use his live testimony in order to discredit the Defendant's testimony.
The following is a theoretical example of what I am asking...
If, during the deposition, I ask the Defendant:
Plaintiff's Question: Did you witness me, the Plaintiff, point a gun and shoot the man?
Defendant's Answer: Yes, I did.
Plaintiff's 2nd Question: Are you aware that testimony given by another witness during my preliminary hearing in criminal court alleged that it was not me that shot the man at the party, but, rather it was another man who has been identified in the past to be your best friend since childhood, and that this witness was present when you and he plotted to put me in jail for something your friend did.
MY QUESTION IS, CAN I USE THE TESTIMONY OF ANOTHER INDIVIDUAL GIVEN UNDER OATH IN STATE CRIMINAL COURT IN ORDER TO DISCREDIT A DEFENDANT DURING A DEPOSITION IN CIVIL COURT WHEN THAT INDIVIDUAL IS UNABLE TO BE PRESENT?
WOULD I BE ABLE TO SUBMIT AS EVIDENCE DURING THE DEPOSITION A COPY OF THE STATE COURT TRANSCRIPTS, AND READ THE TESTIMONY OF A WITNESS THAT WAS NOT PRESENT DURING THE DEPOSITION TO THE DEFENDANT GIVING INCONSISTENT TESTIMONY TO HIGHLIGHT THIS FACT?