When admissible in court, deposition transcripts can be extremely useful in every phase of the legal process. They capture every detail witnesses state under oath, giving lawyers the details 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 affect a deposition transcript’s admissibility in court, like relevance, authentication, and adherence to court rules. So, let’s discuss these factors and 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 media as verbal standoffs rife with palpable tension. In reality, though, most depositions are boring and nothing like TV. However, that does not mean they are no less important 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 in the discovery phase of a legal case, as they can help attorneys analyze witness statements more thoroughly. 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, “Great work! The best transcription!!! Prompt and accurate transcription.”
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), where the Supreme Court recognized 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 basis for expert conclusions. |
| Settlement Negotiations | Influence negotiations by highlighting both the strengths and weaknesses of your case. |
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 and ensure that involved parties have access to the appropriate information. Moreover, accurate transcripts are necessary for appellate review, as they contain a complete record of the deposition testimony.
However, the importance of accuracy is not limited to convenience. The consequences of legal transcription inaccuracies go beyond embarrassed laughter and the promise of correction as soon as possible.
Attorneys frequently use deposition transcripts in court hearings and other legal proceedings, where errors can have a significantly heavier impact than in other 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 the court. Here are some of the most commonly seen pitfalls and how can they 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 risks 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 important 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 properly admitted 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 trial 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
A previous deposition testimony can be used when a witness experiences difficulty in 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 a 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 disabled condition, or has died. Another reasonable ground is when a witness opts to refuse to provide a 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 is due to a party being unlikely to make statements 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:
How Relevance Affects Deposition Transcript Admissibility
When a party moves to admit deposition testimony as evidence, the court will assess its relevance to the case at the bar. Testimony irrelevant to the disputed issues or lacking a nexus to the claims asserted may be excluded under the Federal Rules of Evidence, which mandate that admissible evidence must tend to make a fact more or less probable and be of consequence in determining the action.
Counsel may object to introducing irrelevant deposition testimony as it would only waste judicial resources or mislead the legal proceeding.
Can You Use a Deposition Transcript If the Witness Is Available?
The admissibility of deposition transcripts may be contested when the deponent (or the person being deposed) can testify in court. The Federal Rules of Civil Procedure provide that deposition testimony may be used as evidence if the witness is unavailable due to circumstances mentioned in the previous sections.
However, relying on the deposition transcript becomes less necessary if the witness can provide live testimony. Live testimony is generally preferred because it allows legal professionals to evaluate a witness’ credibility firsthand. Furthermore, it will enable opportunities for clarification to understand the evidence better.
When the Hearsay Rule Makes Deposition Transcripts Inadmissible
The hearsay rule—a cornerstone of the American legal system—bars the admission of out-of-court statements offered to prove the truth. All deposition transcripts holding testimony given under oath outside the courtroom are subjected to the hearsay rule and may be considered inadmissible unless an exception applies.
Rule 804(b)(1) of the Federal Rules of Evidence allows the admission of “former testimony” when the witness is unavailable, and the party against whoever the testimony is offered had a similar motive to develop the testimony through cross-examination.
However, failure to satisfy these criteria may result in excluding the deposition transcript as inadmissible hearsay.
Procedural Mistakes That Can Make Deposition Transcripts Inadmissible
Strict adherence to proper legal procedures is imperative when conducting depositions to ensure the admissibility of the resulting transcripts in court. Failure to comply with the prescribed protocols may result in the deposition testimony being excluded based on procedural irregularities.
Common irregularities include inadequate notice to the parties involved, which deprives them of the opportunity to participate in the deposition, and the deposition officer’s failure to administer the oath to the deponent, which puts doubt on the reliability of the testimony.
How Witness Rights Violations Affect Deposition Transcript Admissibility
Witnesses possess the right to legal representation during a deposition to protect their legal interests and guard against improper questioning. Denying a witness access to a lawyer may result in excluding the deposition testimony.
Likewise, the Fifth Amendment of the U.S. Constitution protects the right against self-incrimination, allowing witnesses to decline to answer questions that may lead to criminal liability. Therefore, forcing a witness to provide self-incriminating testimony during a deposition can render the transcript inadmissible in court.
The Risks of Using Offshore Transcription Services for Depositions
Unsurprisingly, outsourcing transcription services to foreign jurisdictions raises significant concerns regarding the reliability of the resulting transcripts.
Competitive Rates for Transcription
Our legal transcription prices run between $1.50 and $5.00 per audio minute. Factors determining the actual price include the number of speakers, audio quality, and the turnaround times required.
Our legal transcription pricing is reasonable for the output you receive – certified, quick, and accurate documentation.
Ditto Transcripts is a CJIS-compliant Denver, Colorado-based 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, and ask about our free five-day trial.