deposition can i ask how much deponenat is paying their attorney

What is a deposition?

Nov 30, 2010 · DEPOSITION: A form of discovery whereby the attorney calling for the deposition has the right to ask questions and obtain answers from a party, witness, or expert while that individual is under oath. Notice of the deposition must be served on the party or witness five (5) days in advance of the date of the deposition unless the parties agree ...

What happens if I cannot afford to pay for depositions?

Jun 09, 2018 · Joel Gary Selik. 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, except to clarify points raised earlier in the deposition.

What to do if you are asked tricky deposition questions?

Jun 03, 2021 · They will also ask whether you have previous experience of attending a deposition. Aside from this, they will ensure that you are prepared to answer their questions. Next, they will move onto questions relating to you. To begin they will ask you your age, date of birth, social security number, etc, essentially questions about your identity.

Can the other party request depositions?

The following is a block of eight questions you should always ask at a deposition of an adverse or independent witness. The witness’s answers may be startling to you and damaging to your opponent. We call this the “Always Ask” block, and suggest you keep a copy in the notebook that you take to the deposition.

Can you ask anything in 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 cant be asked in a deposition?

In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information or the court previously ordered that the information cannot be revealed (source).Jan 22, 2020

Can both sides ask questions in a deposition?

The Discovery Process In discovery, both sides ask questions that they believe will help prove or disprove the case. The questions come in the form of: Interrogatories – These are written questions that are filed with the court.Sep 29, 2017

Can you look at notes during a deposition?

You should not bring any notes, diaries, or other records to help you state your case during a deposition unless they have been thoroughly reviewed by your attorney. This is because any document you produce may be examined by the opposing counsel, and can potentially be used against you.

How stressful is a deposition?

Depositions are stressful, but you can do it if you follow the top five rules and prepare with your attorney. No need to over-prepare. The facts are what they are.Sep 30, 2020

Are depositions scary?

The truth of the matter is that depositions are not nearly as scary as you might think. While depositions can be awkward and there might be some difficult questions for you to answer, if you have a good lawyer preparing you for the deposition, you will be fine.

How serious is a deposition?

All depositions are very serious matters and what's said at them is very important. Deponents should listen to the questions carefully and answer them precisely. Remember, deponents are under oath, and any false statements made under oath can have both civil and criminal penalties.Apr 2, 2019

Are depositions public record?

Unlike most trial transcripts, a deposition transcript and the audio or video of deposition testimony are not public records. All parties to a case in which a deposition is taken, as well as a deponent are entitled to obtain a copy of a deposition transcript.Jun 12, 2015

How should a client prepare for a deposition?

Deposition Process and GuidelinesTell the truth.Speak audibly.Talk slowly.Think before you speak.Do not volunteer information; answer only the question that is asked.Be professional and polite.Take breaks as necessary (usually one per hour)If you do not understand the question, then ask for clarification.More items...•May 6, 2016

Can deponent take notes during deposition?

Don't prepare notes, documents or diaries: You cannot use any notes, diaries or any other documents to assist you during your deposition unless the document has been approved by your attorney prior to the deposition.

How should you behave in a deposition?

How to Behave (and not Behave) in a DepositionTell the truth. Enough said.Answer the specific question asked. ... If you do not understand a question, do not answer. ... Do not guess. ... A deposition isn't a memory test. ... Beware leading questions. ... Give complete answers, and then stop. ... Documents.More items...•May 25, 2016

How do you talk in a deposition?

9 Tips for a Successful DepositionPrepare. ... Tell the Truth. ... Be Mindful of the Transcript. ... Answer Only the Question Presented. ... Answer Only as to What You Know. ... Stay Calm. ... Ask to See Exhibits. ... Don't Be Bullied.More items...