what's it called when a lawyer records you answering 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 booklet is your pretrial testimony. That booklet is called a transcript.

Full Answer

Do lawyers ever ask a question they don't know the answer to?

Originally Answered: Lawyers are usually told to never ask a question they don't know the answer to. What do they do if a witness gives an unexpected answer to a question?

Why won’t my lawyer Call Me Back?

To figure out why your lawyer may not be returning your calls, try and deal with the situation by writing them a letter or email or even faxing their office explaining your issues with the current—or lack thereof–communication and asking for a phone call or a meeting to restore your relationship.

Why would a lawyer ask a witness information they already know?

Asking a witness about information a lawyer already knows will prevent and therefore 'protect' a client from having unknown information introduced which could influence a negative outcome, i.e., information unvetted by pretrial interviews is not information lawyers want introduced via a 'blurt' into testimony.

How many facts can the opposing attorney have in a question?

They have only one fact per question. None of those questions call for any explanation. If done correctly, the opposing attorney should never ask you a question that allows you to explain ANYTHING. If he does, he loses control of the questioning and the jury then focuses their attention back on YOU.

What does legal jargon mean?

: the specialized language of the legal profession.

What is it called when a lawyer requests information?

Once a lawsuit gets underway, parties to the lawsuit or their lawyers start gathering information related to the lawsuit. This investigative process is aptly named "discovery," because it often turns up facts and documents that were previously unknown -- to at least one party to the lawsuit anyway.

What is the purpose of a deposition?

A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."

What is legal questioning called?

interrogatories - Written questions asked to one party by an opposing party, who must answer them in writing under oath. Interrogatories are a part of discovery in a lawsuit.

What is the difference between subpoena and subpoena duces tecum?

A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.

What's the purpose of interrogatories?

Interrogatories are a discovery tool that the parties can use to have specific questions about a case answered before trial. Interrogatories are lists of questions sent to the other party that s/he must respond to in writing.

How long after deposition is settlement?

Depending on your state, that limit will vary. If you want the fastest time for a case to be settled after deposition, then we would say 4 months, but remember that that is the best case scenario with no hiccups along the way.

What kind of questions are asked in a deposition?

Common questions in this vein include:How did you prepare for this deposition?Have you spoken to anyone other than your counsel about this case? ... What, specifically was discussed?What documents pertaining to the case have you reviewed?Did you meet with counsel for the other side prior to this deposition?More items...•

Are depositions public record?

Luckily for your clients, depositions (whether video or text) are not usually made part of the public record, unless they're entered into testimony during trial. Since most civil cases are settled out of court, there's a good chance that the deposition testimony will never make it past the attorneys and judge.

What is it called when a lawyer questions a witness?

When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the defendant may then cross-examine the witness. Cross-examination is generally limited to questioning only on matters that were raised during direct examination.

What does hearsay mean in law?

Definition. Hearsay is an out-of-court statement offered to prove the truth of whatever it asserts.

What does hearing sheet mean?

What is hearing sheet criminal Form? The hearing sheet criminal is a Word document that should be submitted to the specific address to provide certain info. It has to be completed and signed, which may be done manually in hard copy, or by using a certain software such as PDFfiller.

What is cross examination in law?

Cross examination is an opportunity for the opposing attorney to challenge what you've said. It's a chance to expose inconsistencies in what you've said. It's a chance to search for the truth. It's a chance to show you may have lied.

What happens if a doctor refuses to settle a case?

The doctor refuses to negotiate. He refuses to settle. That means your case is going to trial. Two to three years down the road, your case finally comes up for trial.

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

Why is it important to ask questions during cross examination?

Because your credibility means everything at trial. If the jury finds that you are not believable, you've likely sunk your case. If the defense lawyer can show that you've lied about something important, you've got problems. A really good trial attorney will ask you short, leading questions during cross examination.

Can an opposing attorney ask a question?

If done correctly, the opposing attorney should never ask you a question that allows you to explain ANYTHING. If he does, he loses control of the questioning and the jury then focuses their attention back on YOU. He doesn't want that. The opposing lawyer wants the jury focused on him while cross examining you.

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 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 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

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.

Why do witnesses blurt out information?

The rationale for this suggestion was that witnesses can blurt out all kinds of information, and because such 'blurts' can contain communication undesirable for one side of a conflict, it is often information a lawyer might not want a judge and/or jury to hear.

Do lawyers ask questions to which they don't know the answer?

Lawyers are often told to never ask a question to which they don’t know the answer. What do they do if a witness responds to a question with an unexpected answer?

How long does it take to get your answer back from the court?

You do not file your written answers with the court. You simply mail the original back to the other side. If you do not mail your answers back within thirty days , the court could sanction you. Make sure you keep a copy of your answers for your records.

How long do you have to respond to a court order?

If you have received requests to produce, you have thirty days to prepare your written responses (unless the court has ordered something else). You do not file your written responses with the court. You simply mail the original back to the other side.

How many requests can a party make to the other side?

Each party can usually serve forty requests for admissions to the other side.

How many days do you have to answer an interrogatory?

If you have received interrogatories, you have thirty days to prepare your written answers (unless the court has ordered something else). You do not file your written answers with the court.

How long do you have to respond to a request for admission?

If you have received requests for admissions, you have thirty days to prepare your written responses (unless the court has ordered something else). You do not file your written responses with the court. You simply mail the original back to the other side.

What to do if you can't respond to a request?

If you are unable to respond to a request because it is too vague, ambiguous, or somehow objectionable, you can state an objection and the reason for your objection. You must then respond to the extent the request is not objectionable. For example: REQUEST NO. 3: Please produce all papers and tickets.

What to do when a request asks for a document?

If a request asks for a document, make a copy of the document; in your response, describe the document and say that a copy is attached; and attach a copy of the document to the responses you send back to the other side.

What does it mean when a court order requires you to disclose your patient's information?

If you received a court order for the release of patient information, it compels disclosure of the records. What this means is that a judge has determined that your clients records must be disclosed as part of a legal proceeding and that this disclosure is consistent with the law. While you might disagree with the order and believe ...

What is the confusion in a patient file?

Many a psychologist has been confronted by the ever-present confusion that seems to take place when patient files are requested as part of a legal proceeding. This confusion frequently leads to a variety of questions that revolve around issues of whether these requests mandate disclosure, what records must be disclosed and whether ...

Should you assert privilege on your clients' behalf?

If this occurs during court testimony, when you are on the stand you should assert privilege on your clients behalf and the judge will make a ruling at that time. Needless to say, you should comply with that ruling since it is considered to be a court order.

Can a subpoena be released without a lawyer's authorization?

Therefore, you must contact the lawyer seeking the information and explain that without an authorization from a client , the records cannot be released.

How to get a good lawyer to take your case?

“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”

Why is it important to approach a lawyer with honesty?

“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.

Do you need a lawyer to write a demand letter?

On reading a demand letter, the other person will often say, “this isn’t worth the trouble” and they quickly settle. But here’s a secret from Knight: You don’t need a lawyer to write a demand letter. You can do it yourself. Just make it look as formal as possible, and you may find your dispute goes away—no charge to you.

Should a lawyer stay out of court?

In fact, a lawyer should try to stay out of court. “In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says.