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Any read-in of the examination for discovery evidence must be done as part of the party's evidence in chief at trial (i.e. the part of the trial where the party presents its own case). (2) It can be used for impeachment as part of the cross-examination of the opposing party at trial (see Rule 31.11(2)). (3) It can be used as evidence on a ...
Apr 9, 2018 · The use of discovery evidence for impeachment at trial is governed by Rule 31.11 (2): 31.11 (2) The evidence given on an examination for discovery may be used for the purpose of impeaching the testimony of the deponent as a witness in the same manner as any previous inconsistent statement by that witness. For an example of how to impeach an ...
and principles applicable to read-ins; tips for securing the best discovery evidence for read-in purposes; and making effective use of the read-ins at trial. B. USING DISCOVERY EVIDENCE: READING-IN vs. IMPEACHMENT a. The Distinction The evidence obtained by an adverse party at his3 examination for discovery can be used
Examination transcripts have two uses at trial: they can be read into the evidence and/or used to impeach a witness. Read Ins. First, they can be read in to the trial trial transcript as part of the case of the plaintiff or defendant. This literally means the transcript is read at trial, including saying “question” and “answer” as needed.
Sep 28, 2012 · The use of discovery transcripts in Ontario is governed by Rule 31.11 of the Rules of Civil Procedure. At trial, any party may read into the record all or part of the examination for discovery of an adverse party to prove facts in issue. Rule 31.11 (1) provides: Reading in Examination of Party. 31.11 (1) At the trial of an action, a party may ...
(a) natural inferences that can readily be drawn between two similarly situated facts; (b) adverse inferences: (i) failure to produce witness; (ii) failure to produce documents. 9. Credibility issues: (a) corroboration; (b) facts to be used for impeachment; (c) facts which will need to be put to witnesses: rule in Browne v. Dunn.4
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Can a read-in of discovery evidence be used for impeachment?
Can an examination for Discovery transcript be used to impeach a party?
Can an examination for Discovery be used to impeach a deponent?
Can evidence be used to impeach a witness?
How can evidence from an opposing party's examination for Discovery be used at trial?
Can evidence be used to impeach a deponent?
Rule 31.11(2) provides that evidence given on examination for discovery may be used for impeachment purposes at trial and Rule 31.11(3) provides that where part of the evidence on discovery is read in at trial, any other part of the evidence given may be read in at the request of the adverse party “that qualifies or explains the part first ...
