3.12Depositions & Interrogatories
Ordinarily, depositions are considered hearsay. Shields v Reddo, 432 Mich 761, 766 (1989). However, there are exceptions such as MRE 803(18) (deposition testimony of an expert) and MRE 804(b)(2) (deposition testimony when the declarant is unavailable). Depositions are admissible subject to the rules of evidence. MCR 2.308(A).
The party seeking admission of a deposition bears the burden of proving admissibility under the rules of evidence, and admission is at the discretion of the court. Lombardo v Lombardo, 202 Mich App 151, 154 (1993). If it is used at trial, the deposition “shall not be filed with the court, but must be submitted to the judge and made an exhibit under MCR 2.518 or MCR 3.930” (concerning receipt and return or disposal of exhibits). MCR 2.302(H)(1)(b).
“Where it appears likely that the contents of a deposition will be read to the jury, the court should encourage the parties to prepare concise, written summaries of depositions for reading at trial in lieu of the full deposition. Where a summary is prepared, the opposing party shall have the opportunity to object to its contents. Copies of the summaries should be provided to the jurors before they are read.” MCR 2.513(F). See M Civ JI 4.11, which provides for instructions to the jury when a summary of a deposition is read.
B.Use of Interrogatories at Trial
“The answer to an interrogatory may be used to the extent permitted by the rules of evidence.” MCR 2.309(D)(3).
The decision whether to admit interrogatories at trial is reviewed for an abuse of discretion. DaFoe v Mich Brass & Electric Co, 175 Mich App 565, 568 (1989). “A trial judge does not abuse his discretion by refusing to admit interrogatories at trial which have already been answered by testimony, or which are irrelevant to the issues.” Id.