You Received a Deposition Subpoena –  Now What? | Capital Reporting Company

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If you are involved in a civil lawsuit as a witness, plaintiff or defendant, there is a likely chance that you will receive what is known as a “deposition subpoena” in the mail or in person. A deposition subpoena is an official document approved by your state’s judicial counsel. The purpose of a deposition subpoena is to notify you that you are to have your deposition taken, and thus be “deposed”.

A subpoena is a legal document that “orders” someone to appear either at a court, or in this case, a deposition. A deposition is essentially an interview between the opposing side’s lawyer and yourself. Effectively reading the deposition subpoena is the first step in preparing for your deposition.

Reading the Subpoena

Legal documents are often difficult for the untrained eye to read, but it is possible with a little patience. Take a few moments to carefully read what is written on the subpoena, there can be a lot of information crammed into a small space and your eyes may be tempted to jump around on the page. The easiest way to effectively read a deposition subpoena (or any legal document) is to begin in the top left corner and work your way down, reading left to right, line by line.

Who Will Conduct the Deposition

Various states use different types of deposition subpoena forms but all will have the name of the court from which it was issued. More importantly, the subpoena form will include the lawyer’s office which set your deposition and thus will be conducting the deposition (asking you the questions).

Who to Contact for Questions

If you have any questions about the deposition but do not have a lawyer of your own, like a personal injury lawyer Newport Beach CA trusts, you may contact the attorney’s office listed on the subpoena, though remember that this will be attorneys for the OPPOSING side. If you already have a lawyer of your own (which you most likely will) contact them with regard to any questions or rescheduling needs.  Don’t wait until the last day to do this unless it is truly an emergency.  Remember that rescheduling is always better than simply not showing up. Completely not showing up to your deposition without notifying anyone beforehand will reflect poorly on your character and can result in legal ramifications.

Date, Time and Location

On your deposition subpoena, you also will find the date, time, and location of your deposition. Your deposition will be scheduled at least 2 weeks in advance. This allows for you make arrangements or to reschedule if need be. The attorney’s office which set your deposition should allow you to reschedule your deposition for a convenient date, time and location that will work for you. Also, you may be entitled to accommodation for transportation to and from the deposition. If this is needed, contact either your attorney or if you do not have an attorney, contact the attorney which set the deposition and is listed on your subpoena.

Documents to Bring

Some deposition subpoenas will contain wording that states you are required to bring documents to your deposition. These may be anything from medical records, video recordings, to pictures and diagrams that have to do with your case. The lawyers conducting your deposition are entitled to take copies of whatever documents you refer to during your deposition. However, be mindful of any document you bring to your deposition, whether it is being requested or not. Any document that you bring to your deposition (including photos, text messages, audio/video recordings) and that you use during your deposition can and will be copied by the lawyers conducting your deposition.

 

Bruno Nalu LawThanks to our friends and contributors from Bruno Nalu for their insight into depositions and subpoenas.

Should You Hire an Attorney for a Deposition? | Capital Reporting Company

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While television shows, articles and news segments may focus on the trial, jury and judge in a legal case or proceeding, in reality there are a host of other proceedings, documents and filings that make up the bulk of any potential litigation.  One of the most important pre-trial events is the deposition of participants, witnesses or experts that will ultimately testify in the case.

A deposition is pre-trial testimony, taken under oath, typically at an attorney’s office or neutral conference room space.  The deposition can help flush out the facts of the case and the testimony given at a deposition will often be used again at trial.  Testimony given in a deposition also can commit you to a position later on at trial.  Sometimes, statements made during a deposition can help prompt settlement discussions.  This is especially true when deposition testimony is especially harmful or helpful to one side of the lawsuit.

While not an actual trial, depositions are legal proceedings and participants often ask whether they are in need of legal representation.  Here we break down some of the common reasons you may want to consider hiring a lawyer, like a personal injury lawyer Brookhaven GA trusts, to represent you for your deposition testimony.

Participant in Legal Proceeding or Lawsuit

If you’re involved in a legal claim or lawsuit, either as plaintiff or defendant, a deposition will often be a necessary part of the pre-trial discovery process.  While you are entitled to represent yourself in court, litigants should carefully consider whether they’d benefit from having a lawyer representing their interests at all stages of trial.  Deposition testimony can and often is used at trial and inconsistencies in statements due to misunderstood questions, nervousness or lack of preparation, can have a negative impact on your outcome.

Preparation for Trial

Deposition testimony will occur in a similar manner as testimony being provided on the stand to a judge or jury.  Opposing counsel typically has much more leeway during a deposition regarding what they can and cannot ask.  Having an attorney by your side to help walk you through questions and advise you on which questions you should not answer or are not obligated to answer can help hone your statements which will eventually be given at trial.  If you are a party to a lawsuit, make sure your lawyer prepares you for your deposition.

Deposition Testimony as a Witness

Another instance where you may consider hiring a lawyer to represent your interests is if you’ve been called to provide deposition testimony as a witness.  Even if you aren’t directly involved in the underlying litigation, depositions potentially have legal ramifications that could affect you, your employer or a friend or family member.  At a deposition, you will be required to testify under oath and any factual misstatements could be held against you at a later date.  In addition, many witnesses at depositions will feel more confident with their own lawyer by their side when being asked questions by attorneys representing the other parties to the matter.

Employer May Provide Legal Counsel

If you’ve been called to give testimony at a deposition as a witness as part of your employment, you may be able to request your employer pay the bills for your own, separate, legal representation.  In many cases it is in your employer’s best interest to have you provide factual, relevant deposition testimony possible and they will reimburse you or directly pay for the legal costs associated with hiring an attorney.

What you discuss with your lawyer is privileged and protected by what is called the “attorney-client privilege”.  Another lawyer cannot ask you what you and your lawyer talked about in your preparation.

Butler Tobin LawThanks to our friends and contributors from Butler Tobin for their insight into hiring an attorney for a deposition.

 

3 Tips on Taking Depositions in a Motorcycle Accident Case | Capital Reporting Company

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When a personal injury happens, and a lawyer files a case, a deposition may be conducted. This involves a recorded session that can be legally binding, and if the wrong things are said it is easy to have your case challenged by the defending party., Taken by a court reporter, a deposition involves a legal representative in a civil tort lawsuit. The intention is to reveal information that might not be available within an official accident report. In many ways, a deposition is like a open hunting field where things could go in any direction. The following are a few things you should do during a deposition:

  1. Be prepared for questioning

Motorcycle drivers are typically considered a second class person on a roadway. When the legal issue involves a personal injury from a motorcycle accident, there are often assumptions that the biker acted dangerously and therefore is at fault. You should be ready for intrusive, detailed questions from a defending lawyer. Even if there is an obvious act of negligence on another party’s behalf, you may be “accused” of doing wrong. It will be a good idea to remain composed and in a basic frame of mind.

  1. Do Not Answer What is Not Asked

As you are questioned, your answered should be direct and simple. Do not offer any extra information because this is exactly what the defending lawyer is wanting. The purpose of these questions is to cast doubt on your claim of the incident and the severity of the injuries or contribution to the accident. Comparative negligence is a factor of most personal injury claims. It is probable that the lawyer will focus on a percentage of your own negligence – even if it does not exist. Depending on the state of occurrence, any contribution to the accident could eliminate the possibility of having a claim. In other states a modified comparative negligence model of around 50% may be required to make a claim invalid.

  1. Avoid Admitting Fault in the Accident

During your deposition, it will be in your best interest to avoid taking fault for your injuries. This can impact the amount of compensation available. Even if there is comparative negligence, or you are partially at fault, your answers should be minimal. Anything can be used as bargaining leverage in your settlement. The more you are found to be at fault, the less you will receive. The settlement will be discounted based upon the percentage of fault you are held at. If you are found to be 100% at fault, damages will not be available. That being said even if you are largely at fault, there is a good chance of receiving something when you have certain types of insurance. Ultimately fault is a crucial element in any claim regardless of the state or jurisdiction.

Remember that a deposition could be a precursor to a trial, particularly when a defending lawyer feels the claim can be dismissed. As a result, you may take the case to trial if large amounts of insurance coverage are available and gross negligence and punitive damages are a factor.

It should be clear that there is a need for an experienced lawyer, like a motorcycle accident lawyer Las Vegas NV relies on, especially during a deposition. He or she can ensure your rights are protected and give you the necessary preparations so you make the best decisions possible. As a rule of thumb, one should be well prepared when being deposed.

Nadia Von MagdenkoThanks to our friends and contributors from Nadia von Magdenko & Associates for their insight into motorcycle and personal injury practice.