When admissible in court, deposition transcripts can be extremely useful in every phase of the legal process. They capture every detail that witnesses state under oath, providing lawyers with the information they need to build their case. However, there’s a catch: not all deposition transcripts are approved for use as evidence in court.
Several factors influence the admissibility of a deposition transcript in court, including relevance, authentication, and compliance with court rules and regulations. Let’s discuss these factors and explore how lawyers can ensure accurate transcription and proper preservation of deposition testimony for potential use in legal proceedings.
In this article, you’ll learn how:
- Under Rule 32(a)(3) of the Federal Rules of Civil Procedure, parties can use deposition transcripts to support or oppose motions for summary judgment, demonstrating the presence or absence of factual disputes.
- Denying a witness access to legal representation during a deposition can result in the deposition testimony being excluded from admission as evidence.
- Forcing a witness to provide self-incriminating testimony during a deposition can render the transcript inadmissible because it violates the witness’s Fifth Amendment right against self-incrimination.
What Is a Deposition Transcription? (And Why It Matters in Court)
Depositions are often portrayed in the media as verbal standoffs rife with palpable tension. In reality, however, most depositions are tedious and far from what you see on TV. However, that does not mean they are no less critical in a court proceeding. As a result, capturing every word someone says during a deposition is very important.
A deposition transcription is a written version of a witness’s sworn, out-of-court testimony during a legal process. Legal transcriptionists create these documents by transcribing the audio recordings from the depositions.
Deposition transcriptions are helpful during the discovery phase of a legal case, as they enable attorneys to analyze witness statements more thoroughly and accurately. Ditto’s legal transcription services include a wide range of options, including depositions, to ensure that your legal documents are managed with accuracy, punctuality, and confidentiality.
Lawyers can use these transcripts as reference materials during trial preparation, and our clients appreciate the services we provide. For example, on a recent project, Ditto client Steven T. Mandelaris, Esq. said:
How Are Deposition Transcripts Used in Court?
Lawyers may employ deposition transcripts for commonly accepted purposes in judicial proceedings.
| Uses | Description |
| Summary Judgment | Support or oppose motions by showing the presence or absence of factual disputes. An example is the case of Celotex Corp. v. Catrett, 477 U.S. 317 (1986), in which the Supreme Court recognized the use of deposition transcripts to support or oppose summary judgment motions under Rule 56 of the Federal Rules of Civil Procedure. The Court held that: ”Rule 56(e) permits a proper summary judgment motion to be opposed by any of the kinds of evidentiary materials listed in Rule 56(c), except the mere pleadings themselves, and depositions clearly fall within this category.” — Celotex Corp. v. Catrett, 477 U.S. at 324. This decision paved the way for the use of deposition transcripts in pretrial legal proceedings. |
| Trial Preparation | Review testimony, identify areas for questioning, and develop strategies. |
| Jury Presentation | Present relevant transcript portions to provide context or emphasize points. |
| Expert Witness Testimony | Establish qualifications, opinions, and the basis for expert conclusions. |
| Settlement Negotiations | Influence negotiations by highlighting both the strengths and weaknesses of your case. |
Because depositions often shape the trajectory of a case, accuracy in their transcription is critical. Trial transcription services ensure these records are produced with the precision and certification courts demand, allowing attorneys to rely on them for motions, hearings, or settlement discussions.
Why Accurate Deposition Transcripts Are Critical
Accurate transcripts enable attorneys to analyze witness statements and develop effective legal strategies. Well-documented depositions also serve as reliable references during trial preparation, ensuring that all involved parties have access to the necessary information. Moreover, accurate transcripts are required for appellate review, as they contain a complete record of the deposition testimony.
However, the importance of accuracy is not limited to convenience. In People v. Bethune, 30 N.Y.3d 250 (2017), the trial transcript mistakenly recorded the jury instruction as “unintentional” instead of “intentional.” On appeal, the prosecution provided a corrected transcript based on the reporter’s notes, and the Court upheld its use. The case illustrates how a single transcription error can lead to significant appellate issues.
Attorneys frequently use deposition transcripts in court hearings and other legal proceedings, where errors can have a significantly heavier impact than in different contexts.
Common Pitfalls We’ve Seen in Transcription
Sometimes, transcription mistakes happen. When it does, a single error can jeopardize the admissibility of a deposition testimony in court. Here are some of the most commonly seen pitfalls and how they can affect legal proceedings:
| Pitfall | Description | Potential Impact |
| Mishearing or Mislabeling Critical Terms | Technical terms and jargon are transcribed incorrectly or simply misheard words (e.g., “cannot” recorded as “can”). | Alters the intended meaning of a testimony. |
| Inconsistent Speaker Identification | Overlapping dialogues risk mislabelling and misidentification of speakers and what they say. | Creates confusion about who said what. |
| Missing Context from Nonverbal Cues | Does not account for hesitation, tone, or gestures when relevant. | This hinders the court from identifying the proper context for credibility assessment. |
| Inadequate Quality Control in Offshored Transcriptions | Potential language and cultural misunderstandings, particularly in offshore-produced transcripts. | Introduces errors or ambiguity that may weaken the evidence. |
| Incomplete Record Due to Recording Gaps | Unnoticed audio gaps or recording failures during the deposition. | This leads to an incomplete or inadmissible transcript. |
Ditto’s verbatim transcription service helps prevent pitfalls in transcription by providing accurate documentation, complete with every word spoken in a recording.
When Are Deposition Transcripts Admissible in Court? (Key Rules and Examples)
In certain circumstances, deposition testimonies are admissible in courts under Rule 32(a)(3) of the Federal Rules of Civil Procedure. For those of you who aren’t familiar with the rule, here is the Cliff Notes version:
Using Deposition Transcripts to Impeach a Witness
Court proceedings often span several months, involving depositions and hearings. Recording every legal encounter offers tremendous benefits, and here’s a crucial example: A witness’s testimony may be found to be materially inconsistent with prior statements made under oath during a deposition.
In that case, the opposing counsel can use deposition transcripts as evidence to impeach the witness’s credibility. However, it is essential to ensure the integrity of the transcripts, as altered transcripts can lead to a miscarriage of justice.
A notable example is United States v. Morgan, 555 F.2d 238 (9th Cir. 1977), where the court addressed the admissibility of prior inconsistent statements made under oath. The defendant wanted to introduce a statement that conflicted with the live testimony. Under Federal Rule of Evidence 801(d)(1)(A), the request was admitted correctly not only to impeach the witness but also as substantive evidence.
This case highlights the role of an accurate deposition transcript in assessing witness reliability. A court transcription service is a crucial tool for accurately documenting the events that occur in a courtroom.
The court allows the admission of deposition transcripts as substantive evidence. It is helpful, particularly when there are inconsistencies in evaluating the reliability of witness statements.
Using Deposition Transcripts as Recorded Recollection Evidence
Previous deposition testimony can be used when a witness experiences difficulty recalling details during a trial. The transcripts will serve as a record of the witness’s recollection, having been obtained at a time more proximate to the event when the witness’s memory was more vivid and accurate.
Admitting Deposition Transcripts When a Witness Is Unavailable
For legal proceeding purposes, the court permits the admission of witness deposition transcripts as evidence if he/she cannot provide live testimony.
Unavailability is recognized as acceptable if the witness lives at a distance exceeding 100 miles from the trial venue, is incapable of appearing due to old age or a disability, or has died. Another reasonable ground is when a witness opts to refuse to provide testimony.
Using Party Admissions from Deposition Transcripts
Under the “party admissions,” statements made by a party during a deposition may be deemed admissible in court as an exception to the hearsay rule. A statement may be used as evidence when an individual party provides testimony under oath during a deposition.
The exception applies when a party is unlikely to make statements that are contrary to their interests. As a result, the opposing party will retain the right to present the deposition transcript to impeach the party’s credibility.
Common Reasons Deposition Transcripts Are Ruled Inadmissible
While deposition transcripts may be admissible in legal proceedings, their introduction into evidence is prone to objections for the reasons outlined below:
| Factor | Impact on Deposition Transcript Admissibility |
| Relevance | Courts only admit testimony that is relevant under the Federal Rules of Evidence. Testimony must make a fact more or less probable and be consequential to the case. Irrelevant transcripts may be excluded. |
| Witness Availability | Irregularities, such as inadequate notice, failure to administer the oath, or improper conduct during depositions, can render transcripts inadmissible due to concerns about fairness or reliability. |
| Hearsay Rule | Deposition transcripts are out-of-court statements and subject to the hearsay rule. They are admissible only if exceptions apply, such as Rule 804(b)(1), which allows “former testimony” when the witness is unavailable and cross-examination was possible. |
| Procedural Mistakes | Outsourcing depositions abroad raises concerns about accuracy, security, and reliability. Errors or breaches in handling may compromise the admissibility and credibility of evidence in court. |
| Witness Rights Violations | Denying a witness the right to legal counsel, or forcing self-incriminating testimony in violation of the Fifth Amendment, can result in exclusion of deposition transcripts. |
| Use of Offshore Transcription Services | Outsourcing depositions abroad raises concerns about accuracy, security, and the reliability of the process. Errors or breaches in handling may compromise the admissibility and credibility of evidence in court. |
Why Choose Ditto For Your Deposition Transcripts
When it comes to depositions, accuracy, compliance, and confidentiality are non-negotiable. Unlike many competitors that outsource overseas or rely on AI with high error margins, Ditto Transcripts is a U.S.-based, HIPAA- and CJIS-compliant service, providing certified transcripts that are admissible in court. That means your deposition testimony is transcribed with precision, security, and the professional care it deserves.
Cost is always a consideration, and while some providers advertise bargain rates, hidden trade-offs include lower accuracy, lack of certification, or compromised security. Ditto’s legal transcription pricing is competitive and transparent, reflecting the value of certified, court-ready documents handled by skilled human transcriptionists. With us, you know exactly what you’re paying for: accurate, secure, and legally compliant transcripts that stand up in court.
When your case strategy depends on every word, Ditto provides the accuracy, accountability, and peace of mind you can’t afford to compromise.
Ditto Transcripts is a Denver, Colorado-based FINRA, HIPAA, and CJIS-compliant transcription services company that provides fast, accurate, and affordable transcripts for individuals and companies of all sizes. Call (720) 287-3710 today for a free quote.