THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Collection Table of Contents
Evidence: Hearsay Rule And Exceptions – Deposition Testimony
1. Deposition
Testimony: Defendant's Deposition Considered Only As To That Defendant
2. Weighing Deposition
Testimony
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Deposition Testimony: Defendant's Deposition Considered Only As To That Defendant
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
I have permitted portions of certain depositions given by the defendants to be read to you. However, you must remember that an accused person's deposition may be considered as evidence only against that person himself or herself. One defendant's deposition may not be used as evidence against any other defendant, in any way.
AUTHORITIES:
FRE. 801(d)(2)(A), 804(b)(1); U.S. Const. amend. VI.
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Defendants Statements.
RELATED NCJIC MATERIALS:
See NCJIC 24.2.2.3 [Jury Should Not Consider Demeanor Of Person Reading Prior Testimony Into The Records].
See NCJIC 24.2.7.1 [Transcript Testimony From Previous Trial, Preliminary Hearing, Deposition, Etc.].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. Weighing Deposition Testimony
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Under most circumstances, witnesses in a criminal case testify in person before the jury. In this case it would not have been possible for ____________ to come to [location of trial]. For this reason the Court permitted the parties to depose this witness in [deposition location].
While their testimony should be considered by you as though it was given on the stand, it should be obvious that you are in no position to observe the demeanor of these witnesses nor their facial expressions while they are testifying.
In determining how much weight to give to the testimony of these witnesses you may consider that, because of their unwillingness to come to [location of trial], you could not observe their demeanor and reactions to questions.
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Defendants Statements.
RELATED NCJIC MATERIALS:
See NCJIC 24.2.2.3 [Jury Should Not Consider Demeanor Of Person Reading Prior Testimony Into The Records].
See NCJIC 24.2.7.1 [Transcript Testimony From Previous Trial, Preliminary Hearing, Deposition, Etc.].