what is it called when the defending attorney asks questions at the end of deposition

In court, we would generally ask questions of you first. This is called “ direct examination,” which will be your chance to tell your side of the story. At trial and after direct examination, the opposing attorney would ask you questions called a “cross-examination.”

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Can a lawyer ask you a question during a deposition?

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. The witness can be the other party, someone the other party claims to have relevant knowledge, or an expert whose opinions and conclusions are sought.

What do you call the person who videotapes a deposition?

Jan 28, 2020 · The deposing side asks the witness questions: The lawyer from the deposing side will ask the witness a series of questions. Note that the defending lawyer cannot instruct the witness to refrain from answering (except on very limited grounds, such as privilege). Objections in depositions: Whenever necessary, the defending attorney raises ...

What is a deposition?

This is called “ direct examination ,” which will be your chance to tell your side of the story. At trial and after direct examination, the opposing attorney would ask you questions called a “cross-examination.” However, in a deposition, the opposing attorney asks all the questions first, similar to cross-examination in court.

What is a follow up question in a deposition?

Apr 07, 2020 · Defects in the oath or affirmation administered; Abusive questioning, or other misconduct by a part, counsel, or deposition officer; Improper form (i.e., ambiguous, uncertain, compound, calls for narrative, calls for speculation, argumentative, leading); and. Calls for legal contentions or conclusions.

What is it called when the defense attorney questions the witness?

After the defense attorney cross examines the witness, the prosecutor asks the witness final questions to clarify any confusing testimony for the jury. This is called redirect examination.

What is it called when an attorney questions?

Examination, Direct Examination, Examination-in-chief: The questions which the lawyer asks his own client or witnesses called by him.

What is a contention question?

Contention interrogatories can be characterized as: “any question that asks another party to indicate what it contends . . . [a question asking] another party whether it makes some specified contention . . . [a question asking] an opposing party to state all facts on which it bases some specified contention . . .Nov 17, 2016

What does objection mean in a deposition?

Objections in depositions: Whenever necessary, the defending attorney raises deposition objections to prevent the witness from providing misleading, confusing, or inaccurate testimony. Generally, proper deposition objections may be made on the grounds of form, relevancy, or privilege.

What does it mean when a judge say sustained?

Search Legal Terms and Definitions If the judge agrees he/she will rule "sustained," meaning the objection is approved and the question cannot be asked or answered.

What is direct and cross-examination?

When an attorney calls a witness to the stand and asks them questions, this is called “direct examination.” After direct examination, the opposing party gets to question the witness, which is called “cross-examination.” Although both direct and cross-examination involve asking a witness questions, each type of ...Jan 4, 2018

What Cannot be asked in a deposition?

You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). The opposing attorney will have to explain how your answer has a direct bearing on the case in order to compel you to answer.

What is Rifkind?

App. 4th 1255. Rifkind is a case you need to read if you defend depositions. Basically, the Rifkind objection applies to questions asking a deponent to explain his or her contentions in the case. Questions which ask for “each and every basis you contend supports your position” are not appropriate for depositions.

What is a fact interrogatory?

2d 286] an interrogatory seeks to have a defendant disclose his theory of defense, the interrogatory in question does not seek to elicit theories but explicitly requests facts. The interrogatory should be taken at face value.

What do you say at the end of a deposition?

At the deposition's conclusion, simply state, “handle per code.” Adhering to the code continues to be a proper way to handle deposition review and signature within California and across the country. The deponent does not need to go to the reporter's office and does not need to sign before a notary public.Aug 13, 2019

What does answered Asked mean?

Asked and answered: when the same attorney continues to ask the same question and they have already received an answer. Usually seen after direct, but not always.

How do you object a deposition question?

A Consolidated List of Proper Deposition ObjectionsHearsay. You're free to object to a question of hearsay during a trial. ... Assume facts, not in evidence. It depends. ... Calls for an opinion. ... Speaking and coaching objections. ... Privilege. ... Form. ... Mischaracterizes earlier testimony. ... Asked and answered.More items...

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.

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.

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.

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 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.

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.

What is a deposition in court?

A deposition entails the subpoena of a witness interviewed under oath. A court reporter present during a deposition will transcribe the verbal responses of the proceeding. The written transcription can then qualify as evidence in a future trial. The rules and procedures regulating the deposition process are quite simple.

What are the rules for depositions?

Rules and regulations you need to know about depositions 1 Serving a subpoena: One party files a subpoena with the court and serves the witness with the subpoena. The court order means that participation in the deposition is mandatory, otherwise the witness could be charged with contempt of the court. 2 Reasonable notice provided to the other side: The other party receives details of when, where, and who will participate in the deposition. 3 The presence of a court reporter during the deposition: The court reporter swears the witness in under oath and transcribes the oral responses into a written statement. 4 The deposing side asks the witness questions: The lawyer from the deposing side will ask the witness a series of questions. Note that the defending lawyer cannot instruct the witness to refrain from answering (except on very limited grounds, such as privilege). 5 Objections in depositions: Whenever necessary, the defending attorney raises deposition objections to prevent the witness from providing misleading, confusing, or inaccurate testimony. Generally, proper deposition objections may be made on the grounds of form, relevancy, or privilege.

How to prepare for a deposition?

Prepare before the deposition: Review any relevant discovery information already provided. Keep responses short, precise, and truthful: The witness should avoid rambling and being over-inclusive in responses. Think before responding: It is a good idea to pause and think before responding.

What is an objection based on privilege?

An objection based on privilege invokes the legal protections set in place by common law or statutory privilege. This is usually the only time a lawyer can instruct the witness not to respond to a question. Common examples of privilege include: Spousal Privilege: Spouses have the right to not testify against each other.

What is a deposition in court?

A deposition is nothing more than a question and answer session where the opposing counsel asks you questions to learn about your case. A court reporter records your testimony with a stenography machine and then creates a written transcript to be used at trial.

What to do if you don't understand a lawyer?

If you do not understand, you should say that you do not understand the question and ask the attorney to explain the meaning before you try to answer it.

What to say when you don't know the answer?

If you know the answer, then, of course, you state what you know to be true. If you don’t know the answer, you should say, “I don’t know,” because that is the truth. If the question calls for something you once knew but have now forgotten, you should say, “I do not remember,” because that is the truth.

Is a deposition a question and answer session?

However, the complete opposite is true. The deposition is not “your story,” but rather, it is a question and answer session by the opposing counsel. The opposing counsel is not the decider of fact. That is left to the judge and/or jury. Opposing counsel is not your friend, but rather someone who wants to learn information about your case ...

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