During the discovery process you will be questioned by the defense lawyer. He represents the doctor whom you have sued. During this pretrial deposition, the defense attorney starts asking you these questions...
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During the deposition, an attorney may ask a question that both sides had agreed was improper (e.g. relevant, or leading). The other attorney may make an objection. The objection often prompts the asking attorney to withdraw the question. In some instances, a dispute may develop over whether a witness must answer a particular question.
If, in contrast, your attorney's client is being questioned, then your supervising attorney will be present at the deposition to protect the best interests of that client. In this role, your supervising attorney is said to be defending the deposition and can also be identified as the deposition defender.
True An attorney is permitted to ask the deponent questions in a deposition that could not be asked at trial because these questions seek evidence that is not admissible False The attorney may not ask the deponent questions that could reasonably lead to discovery of admissible evidence
- A deposition is an out-of-court question-and-answer session under oath, conducted as part of the discovery process before the trial is scheduled to begin. It is one of the most important and widely used pretrial discovery tools.
Commonly asked preliminary questions include the following:You understand that you are under oath? ... Have you ever had your deposition taken in the past?You understand that your responses here have the same force as in a courtroom with a judge and jury?Are you prepared to answer my questions today?More items...•
How to Handle a Deposition: Advice from an OMIC Defense AttorneyTell the truth. ... Think before you speak. ... Answer the question. ... Do not volunteer information. ... Do not answer a question you do not understand. ... Talk in full, complete sentences. ... You only know what you have seen or heard. ... Do not guess.More items...
What Should I Do If I Object to a Personal Question During the Deposition? The deposing attorney can ask any question he or she likes, but you do not necessarily have to answer them. If you believe that the attorney has asked an irrelevant question, you can object to the question, or ask your attorney how to proceed.
A deposition is essentially an interview where you answer questions from your lawyer as well as the opposing side's attorney. You only answer questions, you are not allowed to ask them. During a deposition, attorneys can make all manner of inquiries, even when they seem unrelated to the case.
A deposition is an out-of-court question-and-answer session under oath, conducted as part of the discovery process before the trail is scheduled to begin. Deponent.
Give positive, definite answers when at all possible. Avoid saying, “I think”, “I believe”, or “In my opinion” if you can answer positively. If you do know, then say so. You can be positive about important things which you would naturally remember.
Can a lawyer object to their own question? Not really; they can withdraw the question or “strike” the verbiage. An attorney may ask an inartful question, realize it's flawed, and say “Strike that.
A deposition is a sworn, out-of-court testimony given by a witness in a civil lawsuit. At a deposition hearing, lawyers will direct a series of questions towards the witness. The witness will respond to each of the questions, and the responses will be transcribed into writing.
Can I refuse to answer questions at 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).
There are different type of depositions, such as:Oral deposition.Written deposition.
The person deposed gives testimony and answers questions asked by the attorneys from both sides. Interrogatories are written questions for which written answers are prepared and then signed under oath.
Unlike a deposition, interrogatories are written questions sent from one party to another. However, just like a deposition, these written questions are also answered under oath. The person who is subjected to these questions must answer them all or object to any he or she finds unreasonable or unrelated to the case.
A relatively new amendment to the federal rules of civil procedure limits the amount of time that can be spent on a single deposition to a single day and maximum of seven hours
An attorney is permitted to ask the deponent questions in a deposition that could not be asked at trial because these questions seek evidence that is not admissible
However, simple questions are often interspersed with questions that can prove revealing, such as “Where do you live?” and “Do you live alone?”
The real legal world is rarely as tense an active as courtroom dramas would have you believe. For example, your attorney is bound by the law when objecting to questions: he may only interrupt if the question is irrelevant or improper. If the answer hurts your case, but is relevant, there is legally nothing he can do.
Beware of any question that requires a long answer. Deposing attorneys can always use your words against you, and you may not fully consider your word choices when giving your opinion.
In addition, attorneys on both sides will often agree to keep deposition objections to a minimum to make the process go more smoothly. This does not mean that the deposing attorney can ask you any questions he wants and you must answer; it means that both attorneys have agreed to keep the line of questioning relevant and to the point. If the opposing attorney strays from this agreement, your attorney will be allowed to do the same with his clients, so it is best for both advisors to stay on task.
The defense lawyer must have a good faith basis to ask the question.
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.
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
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When you bring a lawsuit the defense lawyer has a chance to ask you questions.
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.
That means the defense is entitled to learn about you and your injury. They do this through a process called 'discovery'. What a trend-setting name. Discovery allows the defense lawyer to get copies of your medical records.
The deposing attorney is allowed to question the witness as to how they prepared for the deposition. Common questions in this vein include:
These questions are meant to protect both the deponent and the questioning attorney. Making sure that both individuals are prepared for the deposition and that each understands the implications of a sworn oath.
A deposition is a process whereby witnesses...
Depositions usually in the office of an attorney. They are conducted in the presence of a court reporter who maintains a verbatim record of everything said during the deposition. The person being deposed is under oath and must answer all questions posed by the deposing attorney.
Frequently, such depositions must be taken at times and places that disrupt the regular office routine and that add costs to the bottom line. Moreover, from a planning and a strategic perspective, an oral deposition allows each attorney to gain insight into the other attorney's case and strategy.
If you do not know the answer to the question, say so. Do not guess or estimate. "I don't recall" is an acceptable answer.
If you do not understand the question, ask that it be repeated or explained.
No. Only a lawyer or a litigant in pro per can conduct a deposition. But every individual who's a party, and 1 designated representative of every corporate party, is entitled to be present at a depo. The litigants can feed their lawyer questions during the deposition, but they shouldn't speak to you at all...
Every person who is a party to the lawsuit or claim has a right to be present. However, if they are represented by counsel, they should not be the ones asking questions. As a practical matter, however, they can write questions down and pass them to their lawyer. So they will get their questions in anyway.
As others have pointed out, generally the attorney should ask the questions. If there are questions you as a client think should be asked, write a note to your lawyer, or tell him or her what you want asked during a break. The response given is not intended to create, nor does it create an ongoing duty to...
Relax. Only the other side's lawyer will be asking you questions--not your family members. Try to stay calm and answer as accurately as possible.
Specifically, the court identified three instances where plaintiff’s counsel instructed her client not to answer deposition questions: (1) Plaintiff’s use of her son’s email address for work communications; (2) Attempts by defendants to review plaintiff’s driver’s license while they still employed her; and (3) Questions about plaintiff’s understanding of certain staff requirements mandated by defendants’ contract with New York City.
The “Uniform Rules, as amended in 2006, sharply limit the appropriate scope of objections at a deposition.” (Veloso v Scaturro Bros., Inc., 68 Misc 3d 1024, 1026 [Sup Ct, NY County 2020].) The Rules permit only those objections that would be waived under CPLR 3115 (b)- (d) if not interposed—principally an objection to the form of a question. (See 22 NYCRR 221.1 [a]; CPLR 3115.) Ordinarily, therefore, it would not be proper to object to a question on the ground that the question seeks irrelevant information, or that the question has previously been asked and answered. (See Pedraza v New York City Transit Auth., 2016 NY Slip Op. 30105 [U] at *9 [Sup Ct, NY County Jan. 20, 2016] [noting that objections that are not required to be made should not be made].)
The importance of deposition testimony to case preparation and outcome, coupled with the absence of direct judicial supervision, give rise to the very real possibility that one or both parties’ lawyers will – under the guise of “zealous advocacy” – attempt to obstruct the other side’s attempts to elicit testimony from their client. In 2006, in an effort to curb these abuses, New York added to its court rules Part 221, titled “Uniform Rules for the Conduct of Depositions .”
The court rejected plaintiff’s counsel’s contention that her conduct was “appropriate and no more than necessary to protect Plaintiff from the harassing, bullying and coercive conduct of Defendants’ attorney.” (Internal quotation marks omitted; cleaned up.)
The court discussed and explored three specific issues relating to plaintiff’s deposition: (1) improper objections; (2) improper instructions not to answer questions; and (3) discovery concerning a consultation between plaintiff and her counsel during a deposition break.
This is not to say that attorneys defending depositions are powerless to intervene against questioning that is badgering, harassing, or otherwise improper and prejudicial. Rather, the Uniform Rules make clear that such interventions must be the exception, rather than the norm—and that a given intervention must be (i) uncommon, (ii) made only when plainly necessary, and (iii) no more than extensive than required to protect the witness against the improper line of questioning.
The court held that defendants did not show that the communication at issue here was impermissible, nor that “otherwise-privileged communications between client and attorney lose that status merely by virtue of being ‘impermissible’ under the rules governing depositions.”