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Judge Leichty: Reading Depositions

A video deposition is better for the jury than a deposition read aloud in the courtroom, but stipulations are far better.

If a deposition is played or read at trial, the court presumes the parties’ agreement that the court reporter need not report it. The party presenting the deposition should provide the courtroom deputy clerk with a transcript for the record and, if only portions of the deposition were used, with a list of the portions presented to the jury.

In bench trials, the court strongly prefers to read the depositions (or specified parts) itself, unless offered by video.