Should trial judge admit deposition as substantive evidence

Assignment Help Business Law and Ethics

Reference no: EM133612131

Problem

Answer the following questions according to the Federal Rules of Evidence:

I. During cross examination of the Plaintiff's witness in an infamous savings and loan case, the defense attorney asked about a windfall the witness would receive if the Plaintiff wins. Upon re-direct, the Plaintiff offered the witness's prior deposition where the witness testified similarly to his testimony at trial. Is the deposition statement testimony admissible hearsay? Explain your answer.

II. In a civil lawsuit, plaintiff deposed Witness prior to trial, with defendant's counsel present at the deposition. Witness now testifies differently at trial. Plaintiff wants to offer Witness's deposition testimony as impeachment and as substantive evidence. Should the trial judge admit the deposition as substantive evidence? Explain your answer.

III. A pedestrian was hit at a street crossing by a car driven by Driver. Pedestrian's attorney calls a witness to testify that Driver pleaded with Witness to testify falsely (i.e., say Pedestrian ran out in front of Driver). How should the judge rule? Explain your answer.

Reference no: EM133612131

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