N.C.P.I.—Motor Vehicle 100.43

NOTE WELL: This instruction should be used during the trial

when evidence is to be presented by means of a deposition, either

stenographic or video.

Testimony is now to be presented to you by means of a deposition. I

want to explain this procedure to you.

Under certain circumstances, a party to a lawsuit may present

testimony through the use of a deposition instead of bringing the witness

physically to court.

A deposition is the sworn testimony of a witness given before the trial.

Attorneys for the parties have the opportunity to be present and ask the

witness questions.

[In this case, the deposition was transcribed. The question(s)

propounded to the witness will be read by (name reader(s) of questions) and

the answer(s) of the witness (name witness) will be read by (name reader(s)

of answers). In addition, (name of other questioner(s)) will read the

question(s) asked by other lawyers who were present at the time the

deposition was taken.)]2

[In this case, in addition to having the stenographic transcript of the

deposition, counsel also made a videotape of the witness at the time the

questions were asked and answered. You will now see this videotape

deposition on the television set(s) in front of you.]3

[(During the videotape presentation you may hear objections stated by

the attorneys. Do not concern yourself with the objections. You may

consider all the questions and answers that you hear as being proper for

your consideration as evidence.)]

This testimony is entitled to the same consideration and is to be

judged as to credibility and weighed, and otherwise considered by you,

insofar as possible, in the same way as if the witness were present and gave

from the witness stand the same answers as were given by the witness

when the deposition was taken. No more or no less weight should be given

to any piece of evidence based solely upon the format in which it is

presented to you, either by a live witness, a videotape of a witness, or the

reading of a stenographic transcript of the deposition of a particular

witness.4