8,083
edits
Changes
→Use of pre-trial examination or deposition
=== Use of pre-trial examination or deposition ===
There are limited circumstances under which a witness may be able to testify before trial and have the transcript of their answers used as evidence at trial (see . See Rule 14-7(40) about the use of ''deposition evidence '', and Rule14Rule 14-7(52) about the use of transcripts of ''pre-trial examinations of witnesses) — although even then''. Even when a transcript is allowed as evidence at a trial, the court retains the right to can require the witness to attend the trial to and testify in person (see Rule 14-7(40) of the Supreme Court Family Rules). Doing so Using a transcript as evidence at trial may be appropriate in the following circumstances:# Where where the transcript evidence can be used to contradict or impeach the testimony of the person at trial. , or # It it is necessary in the interests of justice for one of the following reasons:#*the person is unable to testify due to death, age, infirmity, sickness, or imprisonment; ,
#*the person is out of the jurisdiction, or
#*the person cannot be served with a subpoena.
=== Expert witnesses ===