Deposition and Recovery Responses

Question 1

Cain v. Abel (2015)

Answer 1

Interrogatories are written questions and answers exchanged by the parties during the discovery
stage of a civil case. One party sends a list of questions, and the other party answers them. Since
such discovery responses are statements that “the party manifested that it adopted or believed to
be true” (MRE 801(d)(2)(B)), those answers are not hearsay if offered by the opposing party,
though other evidentiary objections may still apply

Question 2

Snead v. Stone (2016)

Answer 2

Because interrogatory responses are created and exchanged during discovery, they are not
automatically part of the trial record. Instead, as with a substantive stipulation, a party wishing to
make an interrogatory answer part of the trial record must seek the court’s leave to read that
interrogatory question and response (or part of question and response) onto the record.

Question 3

Midlands Television Studios v. Kosack (2019)

Answer 3

In lieu of submitting an entire deposition into evidence, a party may instead elect to read excerpts
of a deposition onto the record. The excerpt must include the full question(s) asked and the full
answer(s) given, unless both sides agree to specific redactions. Any excerpt read onto the record
is still subject to the Midlands Rules of Evidence. Should a party elect to read excerpts of a
deposition onto the record, that party cannot also submit the deposition itself into evidence.

Question 4

Pathan v. White (2024)

Answer 4

Depositions are distinct from affidavits. Whereas witnesses are required to include all relevant and
pertinent information in an affidavit, the only obligation a witness has during a deposition (other
than telling the truth) is to answer the questions posed to the witness. If a deposing attorney fails
to ask a relevant question during the deposition, it is not the witness’s obligation to provide that
information.

Question 5

Rosen v. Groff (2020)

Answer 5

In Midlands, substantive objections are not appropriate during a deposition. As a result, failure to
object to a question during a deposition does not preclude a party from objecting to the deposition
(or an excerpt under Midlands Television Studios v. Kosack) being offered at trial.