What happens at a deposition in a civil case?

A deposition is a question and answers session with the other side’s attorney. The other attorney will ask you questions. You will give answers. Your attorney will be there with you during the deposition. A court reporter will also be there, taking down everything that is said.

Do you have to know all the questions at a deposition?

You will face hundreds of questions at your deposition. If prepared properly you will know all of the key points of your case. The rest of the questions are window dressing for the defense attorneys report to his client. So, it’s ok not to know the answers to some of those questions.

How to impress the other attorney in a deposition?

The way to impress the other attorney is by working hard to give honest, accurate and direct answers. Once the deposition starts, forget yourself and don’t worry about how you look or how you sound when you speak. Listen closely to the question, think hard and remember the right answer, then give that answer in a sentence.

What happens if you lie during a deposition?

During the deposition everything that is said, the questions and answers and comments, are being transcribed by a court reporter. Because it is under oath, at the later trial if you try to change the answers you gave during a deposition, the lawyer can use those contradictions in court to suggest you are lying or untrustworthy.

What do you need to know about a plaintiff’s deposition?

A plaintiff’s deposition is an interview involving questions asked by the lawyer for the other side of the case to which you give sworn answers. During the deposition everything that is said, the questions and answers and comments, are being transcribed by a court reporter.

Do you have to be deposed in a lawsuit?

The court rules of every state (and those of the federal court system) permit all parties to a lawsuit to take the deposition of every other party. There are no exceptions. If you file a lawsuit, you have to be deposed. You might wonder if you can file a lawsuit and then settle the case before your deposition comes up.

What happens if you refuse to give a deposition?

A subpoena is a written order that compels a party to provide testimony on a specific issue pertaining to a case. In the case of a deposition, since it must be requested through the issuance of a subpoena, choosing to not give testimony when formally requested may result in punishment for contempt of court, under the provision of Rule CR 37.

Can a deposition work in favor of the deponent?

A deposition can work in favor of the deponent since the plaintiff sees the defendant face-to-face and gets an idea about their character and the incident. This can cause the plaintiff to offer a settlement where they would still be “winning” in a sense, although they compromise their terms a bit to do so.

Civil cases may occur through the intentional or negligent actions of others. For most civil cases, the remedy is money damages. Civil cases encompass personal injury suits as well.

Is the deposition of the other party mandatory?

The rules provide that the other party to the law suit can take your deposition. Its mandatory.

How much notice do I need for a deposition?

scheduling a deposition, you must select a date that allows for adequate notice to the deponent and other parties. In most types of cases, for the deposition of a party to the case, you must provide at least 10 days’ notice if personally served, and 15 days’ notice if served by mail within California (California Code of Civil Procedure (CCP)

What are the rules for deposition by oral questions?

Federal Rule 30 (b) (1) states, “a party who wants to depose a person by oral questions must give reasonable written notice to every other party. The notice must state the time and place of the deposition and, if known, the deponent’s name and address.”

What happens if you don’t tell the truth in a deposition?

Always tell the truth: Failure to tell the truth in a deposition constitutes perjury, which is a felony. It can also damage your case if the truth comes out at trial. Listen to the question: Do not answer any question unless you hear it clearly and completely. You may ask the attorney or the court reporter to repeat a question.

Can a lawyer ask you questions during a deposition?

Your attorney may ask questions of you during the deposition, but typically your attorney will only ask questions of you in order to clarify a confusing answer. Like opposing counsel, your attorney may schedule and take depositions to help build your case.

Can a deposition be done over the phone?

However, if the witnesses testimony would be instrumental the motion would most likely be denied. Depositions can be conducted over the phone, done at a hospital or in a household. In the motion for protective order you can ask the court to limit the deposition in terms of time, content and location.

Can a debtor be compelled to answer questions at a deposition?

The debtor can be compelled to answer interrogatories or questions at an oral deposition following the provisions of the Rules of Civil Procedure for a motion to compel discovery.

How is form 5.170 used in a deposition?

Form 5.170 is a form for a notice of deposition of the debtor and tells the debtor what to bring to the deposition. An oral deposition can be used to interrogate the debtor in order to find assets and can also be used in addition to or instead of the written interrogatories.

Can a judgment debtor be interrogated for collection?

Interrogatories in aid of judgment or execution, notice of taking deposition of judgment debtor, and a checklist of suggested debtor interrogation questions. Collection law can vary considerably from state to state.

Do you have the right to object to a deposition?

You have the right to object to any question you believe is inappropriate. A judge or magistrate will likely rule on your objection during the examination, and you won’t have time to consult with an attorney. TIP. Don’t bring anything of value with you to the examination.