can a defendant ask questions in a deposition when they have an attorney

What is the “always ask” block in a deposition?

Jun 09, 2018 · Posted on Jun 10, 2018. Yes, any party (or their attorney if represented by an attorney) can ask the deponent questions at the deposition. It is fairly rare for the deponent's attorney to ask questions of the attorney's own client, …

What kind of questions can a deposing attorney ask you?

Jun 18, 2014 · No, a plaintiff can't directly ask the defendant questions during depositions. Only the lawyer gets to ask questions but the plaintiff can suggest them. Sidebar for Plaintiffs

Can a lawyer represent you at a deposition or trial?

During the deposition, a witness must truthfully answer questions asked of them. After the attorney for one side completes their deposition of the other party, the other party’s attorney …

What should I do if I am in a deposition?

Dec 15, 2017 · Yes an attorney can and will ask any question that comes to mind. This is clearly a criminal matter so you may wish to engage an attorney to represent you at the depo. Of course …

What Cannot be asked in a deposition?

Can personal questions be asked in a deposition?

What kind of questions can be asked in a deposition?

What do you say and not say in a deposition?

Can you refuse to answer questions in a deposition?

How do you avoid answering questions in a deposition?

Can you plead the 5th in a deposition?

How do you stay calm in a deposition?

What do you say at the beginning of a deposition?

Do both sides ask questions in a deposition?

Can a settlement be made at a deposition?

How do you answer a leading question in a deposition?

What is a deposition transcript?

That booklet is called a transcript. That's your deposition transcript. In legal circles a deposition is also known as an examination before trial. When you bring a lawsuit, you put your medical condition in issue.

What is a stenographer?

The stenographer is there to record all of the questions you are asked and all of the answers you give. Those questions and answers are transcribed and put into a booklet.

What is medical malpractice law?

Medical malpractice law is a fascinating area of law. It is technical. It is highly specialized and requires a great deal of knowledge of medicine as well as a high degree of trial skill. In this lecture, which was designed to teach lawyers who practice in other areas of law, what they need to know about medical malpractice law in New York. Lawyers across the country

What is a deposition in court?

A deposition is the taking of out-of-court testimony of a witness. After a civil litigation has been filed, each side, as part of the process known as discovery, is permitted to question the other side. This questioning pertains to facts, witness es, and evidence the other side may intend to use in court proceedings. During the deposition, one side’s attorney asks a witness a series of questions as to the witness ’s knowledge of facts, circumstances, and events relevant to the case.

Can you refuse a deposition?

Refusing a deposition is typically not permitted. A witness receives notice that their deposition will be taken through a document called a Notice of Deposition.This document contains information about the location, date,and time of the deposition.

What is the purpose of a deposition?

The purpose of a deposition is to obtain answers to the attorney’s questions, from a witness, who is sworn in, under oath. During the deposition, a court reporter takes notes of the proceeding. These notes consist of word-for-word recording of what the witness says.These notes are then assembled into a deposition transcript.

How long do witnesses have to answer questions?

Witnesses must be prepared to answer questions for a potential period of several hours. During this time, the attorneys may object to the form of each others’ questions.

What is the basis of an objection?

Questions that suggest or lead a witness to an answer, or that imply a fact that has not been established, can serve as the basis of an objection. While the attorneys are speaking to each other, the witness should not be speaking. The witness should answer the questions being asked of them,and only those questions.

Can an attorney coach a witness?

The attorney may not “coach” the witness, either before the deposition or during it.To “coach” a witness is to tell a witness how to answer a question before the witness has had an opportunity to speak. A witness’s answer must be the product of their own thinking.

Can a witness review a transcript?

Witnesses are permitted to review their transcript testimony. If a witness believes the testimony was inaccurately recorded, the witness may note perceived inaccuracies, and what the witness maintains their actual testimony was. Preparation for a deposition is of significant importance.

Frank Justin Shaughnessy

Yes an attorney can and will ask any question that comes to mind. This is clearly a criminal matter so you may wish to engage an attorney to represent you at the depo. Of course that will in it's self be a red flag to any smart state attorney.

Nicholas Charles McGowan

Basically, yes. I am assuming your friend has an attorney who will also be at the deposition, though.

Top 20 Civil Deposition Questions?

A civil deposition is part of the discovery process in civil litigation. A deposition is basically a question-and-answer session between the attorney representing one of the parties in a lawsuit, and a witness who is believed to have information relevant to the lawsuit.

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Commonly Asked Questions

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Can you refuse to answer a question in a deposition?

In the majority of cases, the deponent is required to answer all questions that they are asked. However, in some circumstances, they can refuse to answer.

How do you answer tricky deposition questions?

If you are asked tricky deposition questions, you must approach them carefully. Often, the defense counsel will ask questions that the deponent is not qualified or informed enough to answer.

How do you avoid a deposition question?

As the deponent is under oath during the session they are required to provide truthful answers to all questions asked. This makes it a little challenging to avoid questions.

How do you have a successful deposition?

Calmness and honesty will prove crucial in the success of a deposition. An attorney will be able to defend your case but will also be able to prepare you for what you are likely to be asked.

How do you prepare for a deposition?

Preparing for a deposition can seem like a daunting task. Hiring an attorney will make it much easier. Often witnesses are discouraged from preparing for their deposition alone without the assistance of a professional in this field.

What should I bring to deposition?

The documentation that you bring to your deposition can help to support your argument, however, there is a risk of bringing too many documents. You may have been instructed to bring particular documents by your attorney.

What should you not say during a deposition?

For many people, a deposition is a very nerve wracking experience, however, it is important to ensure that you do not say the wrong thing.

What is a deposition in a court case?

A deposition is the process in which a witness is asked questions under oath by an attorney. Testifying at a deposition is often a mysterious and nerve racking event for most people. To give a successful deposition it is important to understand a couple of things. First, you need to know what the defense attorney is trying to accomplish ...

Is a deposition a trial?

No other explanation is necessary. Always remember a deposition is not a trial. If your case goes to trial you will have an opportunity to tell your entire story through much friendlier direct examination by your attorney. 4) My fourth rule is to keep calm. Don’t get agitated by the defense attorney’s questions.

What is the goal of a deposition?

Most defense attorneys have two main goals during a deposition. The first goal is to get your complete story. Questions will generally range from how the accident happened, to what your injuries and treatment were, to what types of problems you are having today as a result of your accident.

Is it normal to be nervous when you testify?

Nervousness, however, is normal and usually passes after a few minutes of questions.

Is it normal to be nervous during a deposition?

Nervousness, however, is normal and usually passes after a few minutes of questions. Don’t be afraid to be a little nervous. If you remember the defense attorney’s goals, review your case with your attorney and follow the four rules proposed here, your deposition will almost certainly be a success.

Who is Steven Palermo?

Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents and slip and fall injuries.

What are the 4 commandments?

I refer to these as the four commandments. 1) Tell the truth. Nothing hurts a case more then a lie. Even a white lie can kill your case. Once you are caught in a lie your credibility is ruined. While the truth sometimes hurts a case, it is never as bad as a lie. Every case has a weakness, so we don’t run from them with a lie, ...

Can you object to a deposition?

You can object to any questions in a deposition, but you may be compelled to answer if a judge overrules the objection in court. In many cases, questions that do not have to be answered fall into three categories: Private information.

What is privileged information?

Privileged information. Confidential conversations that take place between a doctor and a patient, you and your psychiatrist, a lawyer and his clients, or a confession given to a priest are examples of privileged information. Irrelevant information.