why does the lawyer need my ss number in a deposition

One of the ways to do this is with your Social Security number. By law, we are required to provide this information to the defense attorneys. It allows them the ability to do background checks on you as well as investigate your past and current issues.

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How do lawyers get the answers they want from depositions?

Most lawyers have been on both sides of the deposition table, so they know exactly which tactics are used to get the answers they want. For example, probing questions are designed to get a rise out of a witness, prompting him to give a knee-jerk reaction that can cause his testimony to unravel.

Should I ask my lawyer if he can use my SS number?

If you do not trust him, fire him, get another and take his advice.It is often necessary to use SS numbers for ID I have no idea why your lawyer asked although he surely does. Why do not you ask him or fire him * This will flag comments for moderators to take action.

Can a plaintiff give a deposition in a personal injury case?

If you are a plaintiff in a personal injury case, feel free to give this to your lawyer and discuss it. If you are an attorney who handles personal injury cases, please be my guest and use this article with your clients when it is time to prepare them for their depositions.

Is the decedent’s Social Security number material to a cause of action?

State, 97 Misc. 2d 519 (Ct Cl 1978) the Court stated that the decedent’s Social Security Number was “not material to any element of the causes of action alleged, and would not serve to amplify any aspect of the pleadings. The primary usefulness of the decedent’s Social Security Number is as a tool for acquiring evidence.

Why have defendants been denied Social Security numbers?

Defendants have been denied Social Security Numbers when “Defendants’ demand for plaintiffs’ Social Security Numbers was accompanied neither by a demand for authorizations to obtain any documents identifiable only by reference to such numbers, nor by any other showing of relevance or necessity.”.

What is the primary usefulness of a decedent's Social Security number?

The primary usefulness of the decedent’s Social Security Number is as a tool for acquiring evidence. Since evidence itself is not the proper subject of a Bill of Particulars, a mere device for its acquisition is a fortiori inappropriately requested. Item 17 is therefore stricken.”. That being said, it is clear that a claim ...

Why is a Social Security number discoverable?

A Social Security Number is discoverable in a personal injury case because it is reasonably calculated to lead to admissible evidence. Claims of privacy and concerns for identity theft will not bar discovery of a Social Security Number. Zbigniewiwcz v.

Why is a plaintiff's social security number important?

A plaintiff’s Social Security Number is useful, for example in searching for his or her medical records and determining the amount of his or her Medicaid lien. Moreover, in defending the action, Defendants are entitled to conduct an investigation into any of [plaintiff’s] prior claims or injuries, medical treatment, and criminal history, ...

Is a Social Security number in a bill of particulars improper?

The Courts have held that a demand for a Social Security Number in a Bill of Particulars is improper as it does not serve to amplify the pleadings and, instead, it is evidentiary in nature and, thus, more properly made in a discovery demand. In Kupferberg v.

Can a claim of privacy bar the discovery of Social Security numbers in personal injury cases?

That being said, it is clear that a claim of privacy cannot bar the discovery of Social Security Numbers in personal injury cases where defendants are able to show that they are necessary or indispensable for defendant to obtain relevant records such as medical records, perform prior claim searches, determine liens, etc. Zbigniewiwcz v.

Why do attorneys ask questions during depositions?

Your attorney may ask questions of you during the deposition, but typically your attorney will only ask questions of you in order to clarify a confusing answer. Like opposing counsel, your attorney may schedule and take depositions to help build your case. If there are some issues about your case that you consider worrisome, ...

What is a deposition in court?

What Is a Deposition? A deposition is pre-trial oral testimony taken under oath. In a deposition, the opposing attorney (counsel) will ask you various questions, and those questions and your answers will be recorded by an official court reporter. There is little difference between testimony at a deposition and testimony in the courtroom, ...

Why do opposing counsel take depositions?

Depositions are extremely useful to opposing counsel. In a deposition, the opposing counsel will want to find out what you know regarding the issues in your lawsuit so that they can prepare for your testimony in advance of trial. The testimony you give in a deposition may be read at trial, so opposing counsel hopes to catch you in a lie or omission, because, if they were to do so, they could claim at trial that you are not a truthful person. Having established your dishonest character, they could then argue that your testimony should not be accepted as evidence of any of the important questions at trial. Remember, opposing counsel has every right to take your deposition for these purposes.

How to avoid wisecracks?

Your humor may not be recognizable in the transcript and may look crude or untruthful. Don't speak with opposing parties or counsel: After the deposition is over, do not chat with your opponents or their attorney.

What to do if you are asked to supply documents?

If you are asked to supply documents or information, refer the opposing counsel to your attorney. Do not reach into your pocket for a social security card, driver’s license, or any other document, unless your attorney requests that you do so.

What to do if you don't know all the details?

You aren't expected to know all the details: If you do not know all the details, relax. Simply state what you do know and leave out the details. Do not give an answer that requires you to consult records not available at the deposition or requiring you to consult your friends and associates for the answer.

What to say when you don't know the answer to a question?

Don't guess: If you do not know the answer to a question, you should say that you do not know. You have a right to confer with your lawyer: At any time during the deposition, you will have the right to speak with your attorney privately regarding the question and your answer. Do not hesitate to exercise this right.

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.

How many breaks should I take during a deposition?

I advise taking at least one break every forty five minutes. 6. Don’t be afraid to say “I don’t remember”.

What information do you need to know about a slip and fall?

Information about your physical condition before the injury occurred . For example, in a slip and fall case where you broke your left arm, the defense lawyer is going to want to know if you are left-handed or right-handed, and he or she will want to know if you had any problems using that arm before the accident.

What happens if you file a personal injury lawsuit?

Once you file a lawsuit in a personal injury case, the other side has a right to find out what information you have about the accident and your injuries so they can be prepared for trial, if the case doesn’t settle.

Is a defense attorney a paragraph?

It should not be a paragraph, a chapter or a book. If your answer is longer than a sentence, you are giving too much information. The defense attorney is being paid by the hour to formulate intelligent questions. Let him do his job and come up with some follow-up 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.

How can an attorney help you in a deposition?

An attorney can help you separate facts from opinions, allowing you to deliver answers that are both accurate and effective. Hone your testimony. You may have prepared your own responses, but lawyers know that what you say in a deposition is just as important as how you say it.

What is the role of an attorney in a deposition?

An attorney’s most vital role is to prepare his client. This may be your first deposition, but attorneys have seen the process hundreds of times over—and if they are worth their salt, they will: Play devil’s advocate. Your attorney should make sure that there is no public information that could contradict your testimony.

What are probing questions? What are some examples?

For example, probing questions are designed to get a rise out of a witness, prompting him to give a knee-jerk reaction that can cause his testimony to unravel. Ensure the truth.

What happens if you are not involved in a deposition?

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.

Why is deposition testimony used in court?

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.

What is deposition testimony?

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.

Why is a deposition important?

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 ...

What to do if you are not obligated to answer questions?

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.

Is a deposition necessary for a lawsuit?

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.

Is deposition testimony harmful?

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.

What Is A Deposition?

Purpose of A Deposition

• Depositions are extremely useful to opposing counsel. In a deposition, the opposing counsel will want to find out what you know regarding the issues in your lawsuit so that they can prepare for your testimony in advanceof trial. The testimony you give in a deposition may be read at trial, so opposing counsel hopes to catch you in a lie or omission,...

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