In civil lawsuits, people frequently have their depositions taken. A deposition is a question and answer session under oath between a witness and at least one attorney. When the witness is testifying on behalf of one party, either the plaintiff or the defendant, Personal Injury Attorney in Edenvale the opposing party’s attorney will do most of the questioning. Usually, the lawyers for all parties are in the room, although not all of the attorneys present choose to ask questions. There is usually a court reporter present taking down what everyone says on a stenotype machine. There are many reasons for lawyers to take legal depositions.
Here are just a few. Rules The most prominent reason someone has to give a deposition is because a lawyer is not allowed to simply call up a witness for the other side and start asking questions. In fact, Business Law Firms Near Me they are not allowed to speak to them about the case when that person has been designated as a witness for another party. Instead, it must be done in a formal setting. The witness is usually subpoenaed and the lawyer that has designated that person as a witness will usually be present.Information When an attorney believes someone has information that will lead to discoverable evidence in a civil case, they are allowed to take their deposition.
The witness is required by law to cooperate and answer fully and honestly any of the proper questions asked by the lawyers. Oftentimes, the lawyer may not know all of the important facts of the case. There may be people, objective third parties, who witnessed a car accident or that have factual information that is crucial to the case. Learning what they know about it may shed light on the case before it goes to court. This prevents one side from springing surprises on the other during trial.Intimidation On rare occasions, an attorney will take the deposition of a witness for the other side to intimidate or make the person nervous.
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This is more common in domestic dispute matters, such as child custody or divorce cases. It also happens more often to the plaintiff, Find A Criminal Lawyer the party bringing the lawsuit. This is sometimes done to make sure the witness knows the lawyer means business. Playing hardball in a deposition is what happens when the attorney is purposefully trying to make the witness uncomfortable. This may be done to make sure they tell the truth and to find out if the person will drop the case, rather than have to go through similar questioning in court, as well if the case goes to trial.
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♪♪♪>> HI. I'M LISA BRODERICK. >> I'M JEREMY GANTZ. >> HAVE YOU BEEN INJURED IN ANACCIDENT, TALK TO US. WE'LL GET YOU THE MONEY YOUDESERVE. >> AFTER MY ACCIDENT,JEREMY GANTZ GOT ME A SETTLEMENT JEREMY GANZ GOT ME A SETTLEMENTOF $6,000. >> LISA BRODERICK GOT ME$1. 7 MILLION. >> THANKS TO LISA BRODERICK, WEWERE AWARDED $2 MILLION. >> WAIT. THOSE GUYS GOT HOW MUCH? >> WE'VE GOT YOUR BACK. I'M LISA BRODERICK. I HAVE 14 YEARS OF LAWEXPERIENCE, AND I GRADUATED TOP OF MY CLASS AT YALE. >> AND I AM ALSO A LAWYER. >> I BURNED MY TONGUE ON HOTCOFFEE. THANKS TO LISA BRODERICK, IDON'T HAVE TO WORK ANYMORE. >> BILL SPRAINED HIS ANKLE ATTHE MALL. >> NOW WE'RE SET FOR LIFE. >> A CEMENT TRUCK CRASHED INTO MY LIVING ROOM AND DUMPED CEMENTALL OVER ME. I WAS TRAPPED IN CONCRETE FORTHREE DAYS BEFORE FIREMEN COULD CHISEL ME OUT. NOW THAT I THINK ABOUT IT, $6,000 SEEMS PRETTY LIGHT GIVENTHE SEVERITY OF THIS ACCIDENT. I'M NOT SURE GANZ DID A GOODJOB HERE. >> AS A LAWYER, I LOVE HAVING APERSONAL CONNECTION WITH MY CLIENTS. >> MY FAVORITE PART ABOUT BEING IS LAWYER IS THAT THERE IS AREAL LIVE POLICEMAN IN THE COURTROOM. YOU CAN'T TOUCH HIS GUN, BUT YOU CAN SEE IT. >> HE DID TOUCH HIS GUN. AND IT DEFINITELY AFFECTED THECASE. >> LISA WAS SMART, PROFESSIONALAND ANSWERED ALL MY QUESTIONS. >> LISA CAME TO OUR HOME EVERYDAY AND DROVE US TO THE COURTHOUSE. >> GANZ SHOWED UP TO COURT AN HOUR LATE, WEARING TWO DIFFERENTNEW BALANCE SNEAKERS. AT ONE POINT I'M PRETTY SURE HECALLED ME "YOUR HONOR. " >> YOU KNOW, PEOPLE ALWAYS ASKUS HOW IN GOD'S NAME DID YOU BECOME PARTNERS?>> WELL, I FIRST MET JEREMY GANZ WHEN HE GENEROUSLYGAVE MY FATHER HIS KIDNEY. >> AND THEN SHE HIRED ME WHEN IGAVE HER HUSBAND MY OTHER KIDNEY. >> THE GUY IS WALKING AROUND WITH NO KIDNEYS?THAT EXPLAINS WHY HE KEPT GOING CROSS-EYED AND BLACKING OUT. >> I GUESS YOU COULD SAY LISA WAS A BULLDOG IN THECOURTROOM. >> ONE TIME AFTER HE BLACKEDOUT, I HAD TO PRESENT MY OWN EVIDENCE. I HAD VIDEO OF THE CRASH. WHEN I SHOWED IT IN COURT, GANZHAD RECORDED IT WITH "NAKED AND AFRAID. ">> WHEN BRODERICK GAVE HER CLOSING ARGUMENT THE JUDGE ANDJURY ACTUALLY APPLAUDED. >> AFTER MINE WAS OVER GANZFOLLOWED ME BACK TO MY HOTEL AND ASKED TO BORROW FIVE OF MY$6,000. WHEN I SAID, "NO," HE LOCKEDHIMSELF IN MY BATHROOM AND CALLED SQUATTERS' RIGHTS. I HAD TO HIRE ANOTHER LAWYER TO EVICT HIM. I AM IN SO MUCH DEBT RIGHT NOW. >> BRODERICK AND GANZ WILL NEVERSTOP FIGHTING -- FOR YOU. >> THAT'S RIGHT. AND OH, NO, I'M BLACKING OUT! ♪♪♪>> THANKS, BRODERICK AND GANZ. >> THIS ISN'T THE NUMBER HE GAVEME. [ CHEERS AND APPLAUSE ].
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COME FORWARD JUST THIS YEAR. IN THE WATERS OF LAKE CHAMPLAIN A KEY PIECE OF EVIDENCE FOUND, THE GUN OFFICIALS SAY WAS US TO KILL 23-YEAR-OLD KEVIN DEOLIVIERA. THE WEAPON WAS REGISTERED SUSPECT 24-YEAR-OLD RICHARD MONROE'S FATHER >> JUST BECAUSE IT WAS MR. MONROE'S FATHER'S GUN SAY THAT IT WAS MR. MONROE WHO HAD THE GUN AND SHOT AND KILLED. MONROE'S CO-DEFENDANT IN A SEPARATE CASE, ZACHARY HUST, TOLD INVESTIGATORS MONROE ADMITTED THE TO SHOOTING TO HI THAT ALLEGATION LED TO MONORE'S ARREST ZACHARY HUST MAKES OR LOSES THE PROSECUTIONS CASE, WITHOUT HIM, FROM THE EVIDENCE THAT HAS BEEN SHOWN SO FAR THEY HAVE NO CASE MONROE'S ATTORNEY TOLD A FEDERAL JUDGE ON THURSDAY HUST HAS A HISTORY OF LYING TO POLICE, HAD A KEY TO MONROE'S APARTMENT WHERE THE GUN WAS AND HAD REGULAR CONTACT WITH THE VICTIM. BUT IS IT ENOUGH TO CREATE THE RESONABLE DOUBT NEEDED TO GET MONROE AQUITTED? THE DEFENSE IS DEFIANTLY GOING TO SAY THE REASON MR. HUST HAS ALL THIS INFORMATION IS BECAUSE HE IS THE PERPETRATOR, HE IS LOOKING FOR SOMEONE ELSE TO BLAME HE HAS THIS CASE RIGHT NOW, COCAINE CASE PENDING AND SO HE IS LOOKING TO GET LENIENCY AND AT THE SAME TIME HE IS LOOKING TO POINT THE BLAME AT SOMEONE ELSE, MR. MONROE AND AVOID BEING PROSECUTED FOR THE CRIME. HUST ALSO ALLEGED MONROE COMMITTED THE CRIME THE SAME DAY HE WAS GOING ONA TRIP TO CUBA WITH CHAMPLAIN COLLEGE SO HE WOULD HAVE AN ALIBY. THE QUESTION IS WILL THAT HELP PROSECUTORS OR THE DEFENSE? IT'S ONE THAT COULD GO IN ETHER DIRECTION, PARTICULARL DEPENDING UPON WHAT THEY A ABLE TO DO ON TIME OF DEATH. WITH NO OFFICIAL TIME OF DEATH.