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burden of proof req.
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[Audio-Visual] Depositions
2001- Evidence
C - 80.1
During the trial, testimony was presented to you by way of [audio-visual] deposition. The testimony of a witness who could not be present to testify in person may be presented in this form. That testimony is under oath and is entitled to neither more nor less consideration by you simply because it was so presented. You should give it such weight and credibility, so far as possible, as you would if the witness had been present in court
and testified.
 
NDRCivP 30.1

JIG 23
Federal Jury Practice & Instructions (5th ed.), Use of Depositions as Evidence, § 105.02
BAJI 31
Note: This instruction should not be given if the deposition is used solely for impeachment purposes. That use is covered in NDJI C - 80.02, Impeachment.