WPI 6.09 Use of Depositions
6 WAPRAC WPI 6.09Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 6.09 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part I. General Instructions
Chapter 6. Oral Instructions During Trial
WPI 6.09 Use of Depositions
You will now be given testimony from a deposition. A deposition is testimony of a witness taken under oath outside of the courtroom. The oath is administered by an authorized person who records the testimony word for word. Depositions are taken in the presence of lawyers for [both] [all] parties. [The lawyers may object to the questions asked of the witness.] [I will rule on any objections contained in the deposition.]
The deposition will be [read aloud] [presented] to you. Insofar as possible, you must consider this form of testimony in the same way that you consider the testimony of witnesses who are present in the courtroom. You must decide how believable the testimony is and what value to give to it. A copy of the deposition will not be admitted into evidence and will not go to the jury room with you.
NOTE ON USE
Use this oral instruction before deposition testimony is presented to the jury. The attorney offering the deposition should inform the judge ahead of time and give the judge an opportunity to give this oral instruction. This oral instruction is not appropriate if the deposition is being used for impeachment only.
COMMENT
CR 27(a) and CR 32.
CR 27(a) allows the use of depositions taken to perpetuate testimony. CR 32 specifies the extent to which depositions can be admitted in court proceedings.
[Current as of November 2020.]
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