Crucial Exams

Multistate Bar Examination Practice Question

During a wrongful death lawsuit, the plaintiff seeks to admit a transcript of deposition testimony given by a witness from a related civil trial involving the same facts. The witness is now incapacitated and cannot testify in court. The defendant objects to the admission of the deposition, claiming it is hearsay. Under what circumstances is the deposition testimony admissible?

  • If the defendant had the opportunity and similar motive to cross-examine the witness during the prior proceeding.

  • If the plaintiff emphasizes the deposition’s importance and the defendant’s objection is based on procedural grounds.

  • If the deposition testimony is related to the same general facts as the lawsuit but cross-examination did not take place during the prior proceeding.

  • If the judge admits the deposition testimony after determining it is relevant and appropriate to resolve key issues in the case.

Multistate Bar Examination
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