Can a witness avoid testifying based on lack of memory?
<p>If a witness has been deposed and effectively denied having any recollection of events relevant to a case, can that testimony be used to keep her from taking the stand?</p>

<p>I'm imagining something like a motion in limine relying on either Rule 401 or 403.</p>

<p>I'm looking not for deductions based on experience or the text of the rules, but for case law addressing the issue.</p>

<p>You can be called on, and then you would say you do not remember or whatever is the truth.</p>

<p>The judge can rule your testimony is not needed if it is excessive or is not relevant, but that would happen as an objection after you are called or subpoenaed. </p>

<p><a href="https://ilr.law.uiowa.edu/print/volume-103-issue-4/an-epistemological-argument-against-federal-rule-of-evidence-403s-cumulative-evidence-clause/" rel="nofollow noreferrer">https://ilr.law.uiowa.edu/print/volume-103-issue-4/an-epistemological-argument-against-federal-rule-of-evidence-403s-cumulative-evidence-clause/</a></p>

united-states evidence testimony