How can deposition testimony be utilized in a trial?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Deposition testimony can be a valuable tool in a trial under specific circumstances. The correct answer highlights two key situations in which deposition testimony can be utilized: when a witness is unavailable to testify at trial and for the purpose of impeachment.

When a witness is deemed unavailable, perhaps due to illness, death, or other compelling reasons, their deposition can be read into the record to provide the jury with their previously recorded statements. This ensures that the jury hears critical information that may otherwise have been lost due to the witness's absence.

Additionally, depositions serve as an important mechanism for impeachment. If a witness's trial testimony contradicts what they stated in their deposition, attorneys can use that prior inconsistent statement to challenge the witness's credibility. This helps the jury assess the reliability of the testimony being presented.

In contrast, the other options do not accurately represent the legal standards for the use of deposition testimony. For instance, the suggestion that deposition testimony can only be used if the witness has been cross-examined misrepresents the nature of depositions, which are typically taken prior to trial. The notion that deposition testimony could serve as primary evidence against a defendant overlooks the rules regarding the admissibility and weight of such evidence in comparison to live testimony. Lastly, stating

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