Impeachment - inconsistent statements in depositions

• A. Depositions may be used by any party to contradict or impeach the deponent
• B. Depositions cannot be used to impeach
• C. Only written statements can be used for impeachment
• D. Impeachment only occurs with cross-examination

Answer: (A)

Impeachment by prior inconsistent statements is the idea here, and it includes statements made in sworn depositions. A deposition is testimony given under oath during discovery, so if a deponent later testifies differently at trial, that inconsistency can be used to attack the witness’s credibility. Because those statements were sworn, they count as prior inconsistent statements, and any party may use them to contradict or impeach the deponent. It isn’t limited to cross-examination, and it isn’t limited to written statements—the oral deposition transcript itself can be used for impeachment.

So the best answer reflects that depositions may be used by any party to contradict or impeach the deponent.