In an article published on June 13 by the Daily Business Review and Law.com, Nelson Mullins partner John Kalas and associate Michael Moran discuss the use of videotaped deposition testimony in tort litigation, focusing on the challenges defendants face in using depositions from other cases.

Videotaped deposition testimony is often used in tort litigation, but courts sometimes allow plaintiffs to use depositions from other cases while limiting defendants' ability to do the same. This stems from the requirement in FRE 804(b)(1) that the opposing party had a similar opportunity to develop the testimony. Defendants may explore FRE 806, which allows the admission of evidence attacking the credibility of a declarant when their hearsay statements are admitted, offering a possible avenue to challenge such evidence in serial litigation.

Subscribers to Law.com may read the full article here.