Editing Deposition (law) (section)

=====Use of depositions=====
The chief values of obtaining a deposition, as with any discovery proceeding, is to give all litigant parties in a contested case a fair preview of the evidence, and to provide support documents for further [[trial]]s and [[dispositive motion]]s. The process provides a "level playing field" of information among the litigants and avoids surprises at trial (traditionally regarded as an unfair tactic).<ref>{{cite journal|last1=Wise|first1=Robert K.|last2=Wooten|first2=Kenneth L.|title=The Practitioner's Guide to Properly Taking and Defending Depositions Under the Texas Discovery Rules|journal=Baylor Law Review|date=2016|volume=68|page=405|url=https://www.baylor.edu/law/review/doc.php/270986.pdf}}</ref> Another benefit of taking depositions is to preserve a witness's recollection while it is still fresh, since the trial may still be months or years away. When a witness's testimony in open court is inconsistent with that given at deposition, a party can introduce the deposition to impeach (or contradict) the witness. In the event a witness is unavailable for trial (usually because they are deceased, seriously ill, or live hundreds of miles away), their deposition may be read or played before the jury and made part of the record in the case, with the same legal force as live testimony. In some states, stenographic, audio, or video records of depositions can be offered into evidence even if the witness is available. Deposition of the opposite party is often used to produce [[self-incrimination|self-incriminating]] statements from the deponent, also document identification questions can make exhibits admissible for hearings and [[summary judgment]] motions.

Sometimes, after a number of witnesses have been deposed, the parties will have enough information that they can reasonably predict the outcome of a prospective trial, and may decide to arrive at a compromise [[settlement (law)|settlement]], thus avoiding trial and preventing additional costs of litigation. Accordingly, while most depositions are not videotaped, opposing counsel may use the opportunity to get an impression of the witness's [[Affect (psychology)|affect]] and appearance, because these are telling factors as to how that person will present in front of a jury. Furthermore, deposition transcripts are frequently submitted in support of motions for [[summary judgment]] as evidence that there is no triable issue of fact. The moving party may use transcripts to argue that even if all the testimony given at deposition was given again at trial, no reasonable factfinder could find in the opponent's favor on a material issue of fact. The rationale is that generally, a witness must give consistent testimony on all material issues of fact both at deposition ''and'' at trial (unless there is a very good reason for changing one's answers), or else the inconsistencies can and will be used to [[Witness impeachment|impeach]] his credibility.