Spot testimony that does not line up, and read both sides of it
An inconsistency can sit within one deposition, between a deposition and an earlier statement, or between the testimony and a document. Ask Search+ to look for places where the witness's account of a fact changes, and open each cited pair of excerpts to judge for yourself whether the statements really conflict or are just worded differently.
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Last updated October 2026
How to look for inconsistencies with Search+
- Collect the statements to compare
Upload the transcript together with the witness's earlier statements, declarations, interrogatory answers or other depositions. Inconsistencies only show up when both statements are in the workspace.
- Name the facts that matter
In Workspace Context, list the facts you are testing, such as dates, who was present, amounts and what was said. Search+ applies that list to each question.
- Ask fact by fact and compare the excerpts
Ask "Does the witness give the same date for the meeting everywhere?" Read both cited passages, including the questions that produced them, before treating the difference as a real inconsistency.
Questions about inconsistent statements
Does the witness describe the sequence of events differently in the morning and afternoon sessions?
Does anything in this testimony conflict with the witness's earlier sworn declaration?
Do the dates the witness gives match the dates in the emails marked as exhibits?
Where does this witness's account of the call differ from the other witnesses' accounts?
Did the witness correct or change any answer later in the deposition or on the errata sheet?
What to check before calling something inconsistent
Two answers can look inconsistent until you see that the questions asked different things. The cited exchange shows both.
Witnesses often clarify an earlier answer later in the day or on an errata sheet. Look for that before treating an answer as final.
A short answer and a detailed one can both be accurate. Look for an actual change in a fact, not a change in wording.
The rules for using prior inconsistent statements depend on the court and jurisdiction. That is for the lawyers on the case to decide.
Search+ cites each statement it compares, so every possible inconsistency comes with the two passages you need to read.
Signs of a possible inconsistency and what to ask
| What you may see | What it may signal | A follow-up question |
|---|---|---|
| Two different dates for one event | A factual conflict | Does the witness explain the difference anywhere? |
| "I misspoke earlier" | A self-correction | Which earlier answer is being corrected? |
| "I don't recall" after detailed earlier testimony | A shift in memory | Where did the witness give the detailed account? |
| An answer that contradicts an exhibit | Conflict with a document | What exactly does the exhibit say on that point? |
| An errata change of substance | Testimony altered after review | What reason, if any, is given for the change? |
What are inconsistent statements in a deposition?
Inconsistent statements are pieces of testimony that cannot both be accurate as given, either within the same deposition or when compared with the witness's other statements, other evidence or other witnesses.
Questions about inconsistent statements
Can Search+ find contradictions automatically?
Can it compare a deposition with a written declaration?
Will it account for errata corrections?
Can it compare several witnesses?
Is this legal advice about impeachment?
Put two statements side by side before you rely on either
Start a workspace, upload the testimony and prior statements, and ask where they differ.
Start a workspace