why did the attorney taking my deposition ask about significant others

Can a lawyer ask you a question during a deposition?

Apr 27, 2011 · Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

What is a deposition in a lawsuit?

Oct 08, 2015 · Sometimes a work-comp case requires a doctor’s testimony. Workers’ compensation courts prefer that this testimony be given in the form of a deposition. All this means is that an attorney asks a doctor a series of questions. Here are some common questions attorneys might pose to a doctor who has examined an injured worker:

Can a witness be deposed by their own attorney?

Dec 21, 2017 · If your attorney objects to a question, do not answer it until your attorney tells you to do so. The deposition can last the whole day. There will typically be breaks for lunch, restroom, etc. If at any point you need to take a break, tell your attorney. After the deposition is finished, the court reporter will type up a transcript of the ...

What is a follow up question in a deposition?

The defense lawyer asked you an off-the-wall question. A question that is so far-fetched that I would be well within my right to tell you not to answer the question. That question also assumes a number of facts. It assumes you beat your wife. It assumes you beat her at night.

What should you not say in a deposition?

8 Things Not Say During a DepositionNever Guess to Answer a Question.Avoid Any Absolute Statements.Do Not Use Profanity.Do Not Provide Additional Information.Avoid Making Light of the Situation.Never Paraphrase a Conversation.Do Not Argue or Act Aggressively.Avoid Providing Privileged Information.May 19, 2020

Why do they ask personal questions at a deposition?

Because the witness is under oath they are required to provide truthful answers. The opposing counsel will typically begin by asking some introductory questions. For example, they will start by clarifying that you understand that you are under oath and obligated to tell the truth.Jun 3, 2021

What is the point of objections during 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.

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.

What kind of questions do they ask you at a deposition?

They are used to gather pretrial information, specifically to discover what a witness may know and to preserve that testimony for later use in court....Basic Background QuestionsWhat is your full name?Have you ever used any other names? ... Do you have any nicknames? ... What is your date of birth? ... What is your age?More items...•Mar 22, 2017

Can personal questions be asked in a deposition?

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.

What is the first rule of evidence?

Evidence must be relevant – that is, it must be directed at proving or disproving a legal element. However, the relevance of evidence is ordinarily a necessary condition but not a sufficient condition for the admissibility of evidence.

What is assume facts not in evidence?

Assumes facts not in evidence: the question assumes something as true for which no evidence has been shown. Badgering: counsel is antagonizing the witness to provoke a response, either by asking questions without giving the witness an opportunity to answer or by openly mocking the witness.

What is argumentative objection?

Argumentative objections are often made when the questions directed to the witness attempt to influence the witness' testimony by inserting the attorney's (or self-represented party's) interpretation of the evidence into the question.Sep 27, 2019

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 answer a deposition question?

How to Answer Questions in a Deposition: 5 Ways to AnswerAlways Tell the Truth. ... Listen to the Question in Detail. ... Dissect Any Compound Questions. ... Stand Up for Yourself During Questioning. ... Take Your Time Answering Deposition Questions. ... Admit to Mistakes or Inconsistencies in Your Answers.Feb 21, 2020

Can a deponent bring notes?

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.

Is it ethical to ask an attorney on Avvo?

As you are obviously represented by an attorney in your ongoing suit against the major company, it would be ethically inappropriate for attorneys here on Avvo.com to answer your question. Since you already have an attorney, I suggest you pose your questions to him or her. You are paying your attorney good money to provide you with the best possible legal advice and we on Avvo should not attempt to...

Can you give a deposition while under the influence of medication?

It is not uncommon for people to give depositions while under the influence of medication. If you have to take medication before your deposition, you should disclose this to the Defendant during the deposition. If you are physically or mentally unable to withstand the entire deposition proceeding (which could last many hours), your lawyer could ask the Judge to limit the time for the deposition, per session...

Should medications be disclosed in a deposition?

This is a concern you need to raise with your attorney. Any medications that impair your cognitive ability should be expressly disclosed and your deposition should be delay ed until such time that you no longer need them or become sufficiently accustomed to them. Look to the prescribing physicians for guidance...

Why do depositions occur in occupational medicine?

Sometimes a work-comp case requires a doctor’s testimony. Workers’ compensation courts prefer that this testimony be given in the form of a deposition. All this means is that an attorney asks a doctor a series of questions.

How to make time for depositions

Depositions can take place outside of business hours and on the weekend, which should free up your calendar. When I’ve been called in for depositions, I try to reschedule them for the evenings. This way I can still see my patients during the day.

Learn More

To learn more about depositions, check out our video on Understanding Depositions.

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 the process called when you are claiming a result of someone's carelessness?

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.

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.

Is a defense lawyer fishing for information?

Not true. Every client talks to their attorney. Every client must be prepared for their deposition. The defense lawyer is just fishing for information. He's throwing his line into the water, not knowing what, if anything, he'll catch.

Can a defense lawyer talk to a witness?

Regardless, the defense lawyer knows he will be unable to get a witness to talk about the conversation you had with your lawyer. He can learn that you had a conversation. That's fine. He will try and imply that something sinister is going on because you talked to your attorney before your deposition.

Can a defense attorney ask a question about a convicted spousal abuse case?

The defense lawyer must have a good faith basis to ask the question. He can't ask it just for kicks.

Can you ask the same question at a deposition?

He may not be able to ask that same question at trial, but during a deposition, it may be fair game. Even if he gets an answer to a strange question, again, it doesn't mean he'll be able to use it later on at trial. You need to know that during this pretrial question and answer session there are two types of questions which you should NEVER answer.

What happens if a witness fails to show up for a deposition?

If the witness fails to show up, your attorney can ask that his/her testimony be excluded from trial. If the witness does appear for the deposition, your attorney will question the witness just as if it were a trial, only in a less formal atmosphere. The true benefit offered by a deposition is the ability to find out what a witness knows, ...

What does it mean when a criminal defense attorney decides to depose a witness?

A deposition is a chance to question a witness prior to trial about hat the witness plans to testify to at trial.

What is a deposition in Nebraska?

With that in mind, a Nebraska criminal defense attorney explains what a deposition is and how it can be used as part of your defense.

Does the state have to turn over exculpatory evidence?

The State is also required to turn over exculpatory evidence it uncovers. While the defendant is also required to share certain things with the State, the defense is not required to tell the State what its overall defense strategy will be at trial.

Can a deposition be used to impeach a witness?

Moreover, anything said during the deposition can be used to impeach the witness at trial if the witness answers the same question differently at trial.

Who has the burden of proving a defendant guilty?

Under the American criminal justice system, the State (through the prosecuting attorney) always has the burden of proving a defendant guilty beyond a reasonable doubt. As such, the prosecutor must be able to prove each and every element of the crime of which you have been accused beyond a reasonable doubt in order to secure a conviction.

Is it intimidating to work with a criminal defense attorney?

Trying to navigate the system as a defendant when you are unfamiliar with just about everything can add a tremendous amount of stress to an already stressful situation. The same is true for working with a criminal defense attorney.

What questions does the attorney ask a witness 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.

Why can't I attend a deposition?

Sometimes, a witness may be unable to attend due to unavailability. If this is the case, the witness can attempt to reschedule the deposition. If a witness fails to attend a deposition, the other side can obtain an order from the judge requiring attendance.

What is the person who videotapes a deposition called?

The person videotaping the deposition is called a videographer. 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 may then ask their client 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.

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, witnesses, 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.

Why do you use a deposition at trial?

A party may use the deposition at trial to demonstrate a witness testifying at trial is not being truthful. Trial testimony on a given question may vary from how the question was answered during the deposition. A lawyer may point out these discrepancies to call the witness’ credibility into question.

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 does the attorney ask in a deposition?

The attorney taking the deposition may ask that you answer any question that has been asked before you confer. If your need to confer relates to the question that has been asked, you can tell your attorney that that is the case and he will address it as the situation dictates. Rule 11.

Why do you have to elaborate on an answer during a deposition?

Usually, elaborating on an answer extends the deposition because you have given more information from which the attorney asking the questions can base more questions. Rule 3. Listen carefully to the questions being asked. It is not unusual for a person being deposed to try to think what the next question will be.

How to answer a question that is asked and nothing more?

Rule 2. Answer the question that is asked and nothing more. Even if you think that your answer is harmful, just answer the question asked. Do not try to elaborate. Elaborating or trying to explain will not help. Instead, it will give the attorney asking the questions more information from which to ask more questions.

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

Rule 8. If you do not understand the question being asked, ask the attorney to rephrase the question or to explain a word or words that are confusing you. You are not required to and you should not answer a question that you do not fully understand. Rule 9.

What happens if you don't listen to the question in a deposition?

An attorney taking a deposition may well be asking a line of questions and if you are not listening to the question, you will answer the question that you think is being asked ( based upon the prior line of questions) and not the question that was actually asked. Rule 4.

What to expect during a deposition?

A deposition is an opportunity for an attorney to question a witness or party to a case, while that person is under oath and while a court reporter is making a record of all of the questions, answers and statements made during the deposition .

How to avoid being emotional during a deposition?

Leave your emotions at home. While this is an important matter and certainly involves a level of emotional capital on your part, you have to try to avoid being emotional during the deposition. The attorney may ask you questions or act in a way that is intended to anger or upset you.