PJC Malpractice 2024

PJC 40.14

A DMONITORY I NSTRUCTIONS

PJC 40.14 Instruction on Deposition Testimony During the trial of this case, one or more parties may present witness testi mony by way of deposition. A deposition is testimony that is given prior to trial under oath. A deposition, or portions of a deposition, may be read to you from a transcript or shown to you by video. Deposition testimony is entitled to the same consideration by you as though the witness had testified live. COMMENT When to use. The Committee suggests this instruction be read to the jury imme diately before the first deposition is presented at trial or included in the admonitory instructions to the jury after jury selection. Tex. R. Civ. P. 226a cmt. II (noting that these admonitory instructions, “ with such modifications as the circumstances of the particular case may require , shall be given by the court to the jury immediately after the jurors are selected for the case”) (emphasis added); see PJC 40.2. Use of edited depositions. For the use of edited depositions, see Tex. R. Evid. 106, 107.

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