Which of the following actions can be taken if a deponent is unavailable at 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!

If a deponent is unavailable at trial, the deposition can be used for impeachment or as testimony. This situation is addressed under the rules of evidence which allow for the use of a deposition when a witness is not available to appear in person. Using the deposition can provide the jury with the testimony that would have otherwise been unavailable, ensuring that relevant evidence is still presented.

Depositions are typically recorded under oath and can capture critical statements made by witnesses during discovery. If a deponent is unavailable, such as due to illness, death, or inability to be located, their prior recorded testimony becomes a key piece of evidence that can help either support or undermine the credibility of a witness's statements made during the trial.

The choice to use the deposition for impeachment means that the party can demonstrate inconsistencies between the deponent's earlier recorded statements and their current testimony, should they be able to present another witness to provide testimony. This principle is vital in ensuring a fair trial, as it preserves the integrity of witness statements and can significantly impact the outcome of a case.

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