Depositions Party Deposition

Question: What is a paralegal’s role at the deposition of the client and at the deposition of the opposing party? What steps can the paralegal perform in order to prepare for such depositions?

Answer: role is to assist the asttorney as needed.

Question: I work for the state of AR and was recently asked to do a deposition by a third party. Do they have to pay me? The case involves two families wanting to adopt a child in the states custody. One of the families has summoned me for a deposition. Do they have to pay me for my time or do I keep my time running with the state?

Answer: If your involvement with the families was through your job, it is probably considered part of your work duties. Therefore, the only compensation you should receive is your paycheck, not from the family. Double check with your supervisor or legal counsel at your job.

Question: KENTUCKY - Location of deposition for Party? If a defendant resides and does business in Michigan, gets sued in Kentucky, can the defendant be compelled to travel to Kentucky for deposition, or can he insist that plaintiff attorney take deposition in state of residence? (A cite would be helpful)

Answer: At least 20 states require that you hire an attorney licensed to practice law in that state to file a miscellaneous action in the court with jurisdiction over your deponent. These states are: Alabama, Alaska, Arizona, Arkansas, Connecticut, the District of Columbia, Hawaii, Illinois, Kansas, Kentucky, Michigan, Missouri, New Jersey, New Mexico, North Carolina, Oklahoma, Pennsylvania, Vermont, Washington, and West Virginia.6 Once that action is filed, the attorney you have hired must in most cases file a motion asking the court to issue a subpoena to your deponent. You can often save money here by drafting the pleadings yourself and having out-of-state counsel simply review, sign, and file them. While only Alabama, Arkansas, and Kentucky have statutes or rules in place explicitly requiring out-of-state attorneys to obtain a writing from the trial state court asking the home state court to issue a subpoena, (Ala. R. Civ. P. 28(c); Ark. R. Civ. P. 28(c); Ky. R. Civ. P. 28.03.) it has been my experience that several states' clerks and attorneys believe that this procedure is still required in their state. For example, I have often been required to get a Utah judge to sign a "Commission to Take Out-of-State Deposition" to be filed in a California court by a California attorney, before that court will issue a subpoena, despite the fact that California has adopted a liberal out-of-state depositions statute in Cal. Civ. Proc. Code subsection 2029. Michigan Court rules provide a procedure whereby a person authorized by another state to take a deposition in Michigan in an 'action' pending in that state may petition a court of this state for a subpoena to compel the deponent to give testimony. MCR 2.305(E). The use of the word 'may' is permissive. Gulley-Reaves v Baciewicz, 260 Mich App 478, 485; 679 NW2d... Whether or not the court holding personal jurisdiction over the subpoened party can compel that party to travel is a matter of fact for the court to decide. However, in your case, the matter would be before the Michigan court and yes, the could compel travel under state statutes. Be careful however. That court could also compel you to pay for such, including lodging and meals. Federal Rules of Civil Procedure as Amended April 12, 2006 stipulates: (3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held; Furthermore, the same amended Procedures allow for: (2) Subject to the provisions of clause (ii) of subparagraph (c)(3)(A) of this rule, a subpoena may be served at any place within the district of the court by which it is issued, or at any place without the district that is within 100 miles of the place of the deposition, hearing, trial, production, inspection, copying, testing, or sampling specified in the subpoena or at any place within the state where a state statute or rule of court permits service of a subpoena issued by a state court of general jurisdiction sitting in the place of the deposition, The matter for you is as stated above. If counsel in Kentucky has enlisted the aid of a Michigan attorney and that attorney files the subpoena in the local court, yes, you CAN be compelled to attend the deposition in kentucky. As a practical matter, it is more likely that the Michigan could will compel your attendence and the deposition will be taken by the reciprical attorney residing in Michigan.

Question: In Georgia---I have received a Subpoena for Production of Documents and Deposition to Non-Party.? In Georgia---I have received a Subpoena for Production of Documents and Deposition to Non-Party. It is signed by the defendant's attorney and states that to avoid the personal appearance indicated I can provide the records. The records requested are student records protected by FERPA. I do not have a signed release from the student and it is not the student's attorney requesting records. Is this a valid/lawful subpoena? Yes or No Do I A--Release records only B--Do not release records because the subpoena was not signed by a judge or clerk of court and site that they are protected by FERPA. And tell them if they want me to come to the deposition that they can pay me the standard and mileage, but I will not be able to speak about the student due to FERPA. Thank you. Update--Called the United State District Court and they stated that an attorney can sign/issue a subpoena for that court and it also states that on their website. So in some cases when an attorney signs a subpoena it is lawful.

Answer: If it wasn't signed by a judge or clerk, then it's not a subpoena. If they are protected records, send him back a letter explaining that the records are protected and he must send you a signed authorization form. If you have any questions or issues, call the clerk of court and ask them. They are usually extremely helpful and generally have a good idea what's going on. If worst comes to worst, simply go down to the court and speak with the judge. Remember, if you release protected information without authorization then you could be subject to a lawsuit.

Question: what do i do once i have a commission signed by ny judge to take out of state witness' deposition? I am doing OSC to get a commission to take out-of-state deposition of a party who will be called as witness at trial. Once I get the commission ordered by the judge, what do i do with it? The non-party witness is in CT.

Answer: It depends upon the requirements of the state in which the deposition is to take place.

Question: Contradictions in Deposition? Lets say Party #1 is suing Party #2 for fraud, approx. 200K. During their depositions, Party #2 admitted under oath to over half of the allegations made by Party #1. If this was the case, what would Party #2 hope to gain by still going to trial? Why not settle and end the case?

Answer: Negligence has five elements. You accuse me of negligence. I admit that I had a duty. I admit that I breached that duty. I admit that I am an actual cause of your harm. I admit that you had damages but claim the amount is grossly inflated. And I deny that I am the proximate cause of your injuries. I just admitted more than half of your allegations, however you must still prove that I am the proximate cause of your injuries or you collect nothing. And even if you wint that. You allege to have a million dollars in injury I say your injury is only worth $100,000. It is not uncommon for a defendant to admit fault, but to dispute the damages. In that insane case with the dry cleaner the issue was damages. The dry cleaner admitted that they lost the pants and were at fault and were willing to pay to replace the pants. The plaintiff wanted millions of dollars. T

Question: I have to go to a deposition tomorrow, but have in the past have been threatened by the opposing party, he has? had other people also involed in threatening me. In the past he has been keep away from an ex wife by restraining order and even his own children. I have to go to the deposition but he will obviosly be there and I am concerned about his temper and treats made at his attorney's office or outside of it. What can I do?

Answer: Although this is the wrong category for your question, I'll answer anyway. If he threatens you in court the judge will take action to protect you. After court just tell the district attorney of the previous threats, and ask if they will hold the other person there for 15 minutes after you leave. That will give you time enough to get out of range. If he comes to your house, dial 911.

Question: Is it unethical for a law firm to release social security number from deposition? Specifically, if a lawyer obtains the social security number of an opposing party, voluntarily given during a deposition, can the SS number later be released to another client who is pursuing a judgment against the same opposing party? Great answer, thank you. I believe the problem is that social security numbers must be redacted from the court record, so technically it should not be discoverable. Or am I wrong? I am but a 2L so very well could be.

Answer: If the social security number was voluntarily disclosed, it is part of the deposition and therefore a discoverable part of the record. It may not be ethical for the lawyer to voluntarily share the information with his other clients, but any reasonable plaintiff's attorney would counsel his client to review any pending or prior action whereby the information would ultimately be obtained anyway. The fact that he is the same attorney for both and the information is not privileged does not prohibit him/her from doing so.

Question: Civil lawsuit depositions..... who pays the court reporter? I am going Pro Se in a Civil Lawsuit... I understand the most expensive part of my case is depositions and the Court Reporter. My question is if the opposing counsel questions the parties I have called for deposition... will the opposing party have to pay for a their time used in cross examination? Or can they take hours of cross examination and I have to pay the court reporter for their time used?

Answer: The party who notices the deposition pays for the deposition. The opposing parties do not pay for the time they take to question the witness.

Question: Who may attend a deposition in civil litigation? Can it be any of the parties to the lawsuit? Or it is only the person who is to be deposed, their attorney and the opposing counsel? Is there somewhere specific in Federal Rules of Civil Procedure that states this? ( or Indiana State law, specificialy)

Answer: The parties of the lawsuit have a right to attend. The party being deposed, by the opposing attorney, is the respondent and anwers the questions---everybody else must keep quiet... it is not a format for bickering. Remember this: the opposing attorney is looking for information--some of the questions are tricky--so listen carefully. Forget about the truth and nothing but the truth--you job is to answer accurately--and try to keep it to "Yes" or "No." If you can't answer a question "Yes" or "No," ask the attorney to... "please rephrase the question, because the way you asked it, I cannot answer it accurately with Yes or No." They should not ask multiple questions as one question. If they do, simply say "YES" to the first question you asked and "YES" to the second--or whatever the accurate reaponses are. If you don't understand the question, as the attorney to please rephrase it. Always wait a few seconds before responding to any question...give your attorney time to "object" or advise you not to answer. Follow your attorney's advice. IMPORTANT: If you are asked something you don't want to answer--simply say: I'm sorry, but I really need to go to the restroom---like immediately." Stand-up, and go to the restroom; a smart attorney will be waiting for you when you come out--or, if the same gender, s/he will join you--for a very brief consultation. If not, it at least it gives you time to formulate a response. What you say in deposition can be used against you in court. Your only recourse would be to say, in court, "I must have either misunderstood the question ask during deposition or mis-spoke in answering." At the end of the deposition, your attorney may ask you a pertinent question or two ot three--to clarify something or to aid in defence with respect to a piont of law--perhaps something you may be unaware of, and s/he is tweaking things by the way s/he asks the question. You should meet with your attorney before being deposed. Also, you should ask you attorney how to answer" Did your attorney prepare you for this deposition---or---did your attorney tell you what to say, if I asked you this question?" There's no law against referring to appropriate documents and notes before responsing to a question. "I'll need to refresh my memory, may I refer to...also, give you time to think. The opposing attorney is looking for information to aid in building his/her case against you...don't offer anything other than the briefest possible response. People lie in depositions and in court...so mush so, it seems to have become a requirement. I remember two years ago: sitting in a deposition and listening to a man telling the truth; it was amazing. It is not, I'm sorry to say, a common occurance.

Question: Does any one know the maxium length of a workers comp. deposition? I went through a civic deposition before and the opposing party was only allowed so many hours of deposition. Now I am going through a workers comp. deposition and they have told me that there is not a limit on the hours they can depose me. If any one knows the true answer to this please let me know. I have been harassed and bagered enough, so the less time possible would be great.

Answer: There is no time limit for a workers comp depo; it's unlimited.

Question: Does a Judicial Subpoena...? for examination before trial of a third party deposition and duces tecum, have to be signed by a Judge? My ex-matrimonial attorney is trying to make me appear and provide documents from my matrimonial file from 2004, which she has. The lawyer has never returned to me my file. Is this proper?

Answer: please put your ? in order so we can give our opinion was this file you personal file or this file was presented by your attorney if it is you personal file then she must return it or it a court file she can give you a copy for your file or you can take the case no: a draw the copies from the court you file or any document in your personal case can not be used in a third party case you can report her to the Law society

Question: People in the deposition rooms? During a deposition where a lawyer asks questions to the other party, is the lawyer's party present in the room to listen to the other party answer?

Answer: They don't have to be present, but they are entitled to be present.

Question: Can a deposition in a case affect an immigrants chance for a visa? my friend asked me to be a witness in a case for her and her lawyer informed me that the other party will be asking me questions about my husband who is not legal at this point. The lawyer said that the other party can and probably will take the deposition to the ins and can have him banned from this country. Is this possible? and is there a way that I can help her out without it affecting my family? I am not asking how to legalize my husband, I've already got that taken care of, however nothing is in effect yet, so I need to know if this can affect it.

Answer: I can only answer the first bit of your question. I would discourage you from being a witness as it may raise issues, even though not immediately regarding your husband.. You may live to regret. http://www.my-immigration-expert.com/contact-us.html

Question: frequently asked questions about depositions? during a child custody/visitation when the other parties lawyer asked for depositons to be given on the ex, her mother and her current boyfriend what questions could be asked during the depositions? can you tell me some specific quuestions that were asked?

Answer: My husband X-wife made me go to a deposition. That woman's lawyer asked me questions for three hours straight. I think you should set up an appointment as soon as possible with a lawyer and he will tell you exactly what to say or ask. You better NOT lie or they get use that against you in court. Good luck with the custody.

Question: Can I tape record a deposition I'm about to have? I am suing the insurance company of an individual that hurt me badly. The injuring person was under insured so my own insurance company was named in the suit. Somehow the injuring party was let out of the suit, but my own insurance comapny is still against me. I have a deposition coming up and there have been SO MANY games being polayed by my own insurance company. The deposition is being transcribed, but if I notify them can I tape it? I was told a paper copy of the transcription would cost about $250 and I just don't have that kind of monet since I've been without work for 6 years! Taping it will keep them honest. Should they (the defense, my insurance company) be giving me a paper copy of the deposition free of charge since the are doing it? Since they vigorously objected to me recording a status conference I won't even take my tape recorder. Oddly, I would have never see how much corruption is happening with Ex Parte communication between the defense and the Judge if I had been taping the conference. I don't know if they let it slip or if they think I'm stupid, but they have referred to A LOT of talks where I (the Plaintiff) was not invited to! Something I didn't make clear on my Ex Parte communication comment is I've fired my attornies for conflict of interest and I'm now Pro Se, acting as my own attorney. I (being the attorney) should have been present for all meetings.

Answer: It's being transcribed; you can record.

Question: I have a deposition coming up, What can I expect? I had an accident at work about a year ago, fell off a 30 foot roof, survived and have a Workman's comp claim, but also have a Third party lawsuit against the retail building I fell off of, and the roofing company. The deposition coming up is against the retail store, and we still do work for this company, as it is one of our bigger accounts. Is there a possible way to get out of this and just drop the lawsuit? I am worried that if my lawyer sues this company, that we could lose the account, and it would cost me my job! Its has been just over a year, and I am sure that the lawyer has put in alot of time into this case already.But I am just worried, that if I win any money, that it will jeopardize my job, and relationship with the Company that I work for! I mean. Thanks in advance! I love you too! Thanks for you advice! I live IL....BTW!!

Answer: you seem to be asking if you can voluntarily dismiss a lawsuit that you filed. Yes you can. Whether it is wise is another question. Perhaps it would be best to ignore the advice of your lawyer and seek out the comments of anonymous folks on this site who know nothing about you and cannot even tell you what state or country's laws govern.

Question: Can a person be served a subpoena for a deposition if he is on a work visa? We are in a lawsuit an some foreign witness from the other party with an address in Mexico is submitting affidavits and declarations to support that party, but they wont depose him. Is hard for us to sobpoena him to testify because they disclosed an address from Mexico and they wont tell us his address in the U.S.A, we can serve him a notice of deposition but he can ignore it claiming he lives in Mexico So, We just found out that person has been admitted to work in the U.S.A by the immigration department, can we served him a subpoena in the USA? and forced him to testify in Court even tough he is not permanent resident or citizen? I asked my attorney she said we cant if he lives in Mexico, but since she is not an immigration attorney I think she ignores the fact that this person altough not permanent resident is legally working in the U.S.A. (this person is part of a musical group, so he comes and goes, I believe on a P1 visa) I also know that when you get admitted to the U.S.A you are suppose to provide a legal U.S address at the port of entry or of your employers. please I would greatly appreciate someone with legal background in immigration and civil lawsuit!. :) thank you all for your answers. yes this person is doing evil stuff in the U.S.A It's not an issue if he never comes back to the U.S.A is better for us. As long he can be Subpoenaed like everyone else, while in the U.S and have the obligation to attend to testify. he is a musician not a foreign official, so the other rule my not apply to him

Answer: If he is physically in the jurisdiction of the court he can be subpoenaed. If he was a foreign official he might be immune to it, but he's here on a work visa, he's a legal temporary resident and subject to all laws and legal processes. Also if you cannot cross examine or depose him in any way his affadavits and declarations are generally excludeable.

Question: which one of the following had the greatest influence on the decision of many African Americans to shift their? support from the republican Party to the Democratic Party? A.) The Civil Rights movement of the 1950's. B.) Passage of the Fair Labor Practice Act. C.) The new Deal programs created by Franklin Roosevelt. D.) President Bill Cliton lying under oath during a deposition for discrimination lawsuit.

Answer: Funny, It seems that everyone is scared of this question. Its not going to Label you!!! A.) however, Disaster can happen with the best intentions(FDR) FLP was needed but Most people just want a man to do an honest days work for an honest days wages. Regulation was needed to ensure fair practice but it has gotten out of hand and is now used to scream RACISM!! Did you ever stop to think that your just a sh!tty worker? Siding with Clinton was just an excuse to poke the right in the ribs. Had an interesting conversation with a buddy of mine(black guy) we were discussing conservative viewpoints and he agreed with everything I had to say. I said you are a Republican and he said "I cant be a republican, IM BLACK" Funny how it was predominately Democrats in the Klan.

Question: Is BP innocent? A deposition by TB, Esq. hmmm? As a youth I was not the sharpest tack in the seat. Growing older did nothing to subside this ingorance as my counselors were, if I may be so bold, a bunch of wannabe Caesers in their own claim to fame (ahem). Forgive me if I remain on the topic, but it is most important to the outcome of this accident, if not a heinous act for want of stomach pains. Stashed away with great care were some sorts of beans in my pocket. A passing vagabond asked me what they might be. Of course, they were magical, unbeknowest to me, and told him they would bring him gold, riches, and yadda yadda (it so happened they turned out to be castor beans,heh). As a true well-spoken character I traded the beans to the one time fop for some property in the Gulf of Mexico. Immediately I embarked with a model .58 (powder always dry) and descended to the very depths of my property (we shall dwell on scientic things at a later date, concerning depths, pressures, etc...). I was hunting for some food, for the lack of my education prompted me to seek the life giving manna on my land, or ocean bottom, not to make humor at a tragic situation. Well (oh the irony is thick), I was shooting at some food, when up through the ground came a bubblin' crude, millions of barrels to be exact. In short, I exonerate BP, I am the guilty party...I want my castor beans; I want my life back. I hate to proofread. Ha! I did delete. yet it remained.

Answer: Oh, you just opened one hell of a can of worms here... ...and worms? A delightful and tasty source of protein containing several key enzymes and essential fatty acids, yum!