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Evidence
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At a federal trial, Witness testifies that she cannot identify the driver who ran the red light. At a deposition in the same case, while under oath and subject to cross-examination, Witness testified that Defendant was the driver. Defendant is present at trial, and Witness is available for cross-examination about the deposition testimony. Plaintiff offers the deposition statement both to impeach Witness and to prove Defendant was the driver.
Which statement is most accurate?