why would a lawyer get a 2nd deposition

However, if there is good cause shown a judge can allow additional deposition time by court order, or, your attorney may agree to allow an additional deposition. Sometimes, if there is a long passage of time after the first deposition, a second one is permitted to update the circumstances, but not to do the whole thing over again.

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Can a defense lawyer ask me questions during a deposition?

May 07, 2009 · Assuming that the first deposition was completed then you should not have to undego a second one simply because you changed lawyers. Most states have broad discovery rules which allow for an adverse party to uncover information that is caluclated to lead to the discovery of admissible evidence.

What happens at a deposition in a civil case?

Aug 22, 2010 · Sometimes, if there is a long passage of time after the first deposition, a second one is permitted to update the circumstances, but not to do the whole thing over again. You should consult with your lawyer who can advise you exactly what is …

Are depositions stressful for lawyers?

Sep 27, 2021 · Home > Blog > When a Deponent or Lawyer Disputes a Deposition Translation. A Qualified Interpreter Can Reduce Deposition Conflicts. We’ve blogged about deposition interpreter services in depositions where one lawyer lodges numerous objections on the record, and about depositions where a non-English-speaking deponent chooses to amend his or her deposition …

Will My Deposition be successful?

May 10, 2007 · Your attorney should assist you in getting out of the room even if the deposing attorney objects, whines, complains, or throws a fit. Once you have given an answer or statement, do not let the attorney rephrase what you said to try and get you to second guess your answer.

How many depositions are allowed in California?

Each party may conduct one deposition of each other party. This limit is imposed to prevent parties from using the deposition process as a tool of harassment, and to make each party effectively use their deposition.

How do you survive a deposition?

How to Survive a DepositionMake Sure You Understand the Question. Never answer a question unless you fully understand it. ... Pause and Think Before Answering. ... Never Volunteer Information. ... If You Don't Remember, Say So. ... Do Not Guess. ... Don't Fall for the Silent Treatment. ... Stick to Your Answers. ... Always Read the Fine Print.

Can a witness be deposed more than once California?

Can a witness be deposed more than once? In most cases, no. It usually requires court approval if any witness is to be deposed in the action more than once. There are some exceptions, but this is rather uncommon.

What is the purpose of a deposition?

Overview. 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 are deposition questions?

Deposition Preparation QuestionsHow 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...•Mar 22, 2017

How do you answer questions in a deposition?

What follows are numerous points or rules to keep in mind throughout the deposition.Tell the truth. ... Think before you speak. ... Answer the question. ... Do not volunteer information. ... Do not answer a question you do not understand. ... Talk in full, complete sentences. ... You only know what you have seen or heard. ... Do not guess.More items...

Can more than one attorney ask questions at a deposition California?

You cannot have multiple lawyers for one party ask questions of a single witness. This rule applies in both depositions and trials.Sep 9, 2014

Is deposition a chemical?

In chemistry, deposition occurs when molecules settle out of a solution. Deposition can be viewed as a reverse process to dissolution or particle re-entrainment. It is a phase change from the gaseous state to a solid, without passing through the liquid state, also called re-sublimation.

What is example of deposition?

Deposition refers to the process in which a gas changes directly to a solid without going through the liquid state. For example, when warm moist air inside a house comes into contact with a freezing cold windowpane, water vapor in the air changes to tiny ice crystals.Jul 3, 2019

Are depositions scary?

The truth of the matter is that depositions are not nearly as scary as you might think. While depositions can be awkward and there might be some difficult questions for you to answer, if you have a good lawyer preparing you for the deposition, you will be fine.

What is the difference between a deposition and a testimony?

In context|legal|lang=en terms the difference between testimony and deposition. is that testimony is (legal) statements made by a witness in court while deposition is (legal) the process of taking sworn testimony out of court; the testimony so taken.

How do you avoid yes or no questions in court?

Give the answer in your own words, and if a question can't be truthfully answered with a “yes” or “no” answer, explain the answer. If an attorney demands a “yes” or “no” answer and you can not give one, let the judge know that, and explain that to do so would be misleading to the court or inaccurate.Mar 3, 2014

Bradley A. Coxe

If you have an attorney, you need to ask him about why a 2nd deposition or recorded statement is needed. Without knowing more I can't say if another is required or desirable.

Marc P. Weingarten

It depends on what court you are in. Federal court limits depositions to a certain number of hours. However, if there is good cause shown a judge can allow additional deposition time by court order, or, your attorney may agree to allow an additional deposition.

Brian Elliott White

Unfortunantly, its not possible to give you a certain answer to this question. Generally, people only have to submit to a deposition one time. However, there are many exceptions to that rule, such as if new allegations are being made, critical new information has happend or been discovered, or any number of other reasons.

Jeffrey Michael Donato

The answer is that it depends on your state law. You need to contact your personal injury attorney. If you don't have one, you should get one. It probably depends on whether or not there is new information (information that was not available at your first deposition).

Andrew Daniel Myers

I truly hope that you have an attorney in any litigation especially when up against State Farm, and you should discuss this thoroughly with your attorney.#N#At the conclusion of any deposition, there are a couple of alternatives. The deposition is concluded, and that is the end of the deposition. Or, the deposition...

What is a deposition in a lawsuit?

A deposition is a legal device that allows the parties in the lawsuit to fish for information that the other side may be holding.

How to be sure of something?

Know your records and facts inside and out. Make sure they are not going to surprise you with anything. Know what is there, and more importantly what is not. Also, never inadvertently say that you are sure of something because you have virtually memorized the records.

Can you nod your head in agreement?

If you do not want it recorded, do not say it. Everything is being recorded by a court reporter at a deposition, and only your words are taken down unless it is a video deposition. So you cannot nod your head in agreement or gesture for emphasis because it cannot be recorded. Use your words wisely!

What are the rules of deposition?

Rules of Deposition. When taking a deposition, the rules are a little less stringent then when questioning a party or witness at trial. In a deposition, the questioning is designed to gather any information that can reasonably lead to relevant evidence.

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

If you do not understand a question, ask the attorney to clarify it. If you think that you might be able to answer a question many different ways depending on what the attorney meant, do not give all the possible answers. Ask the attorney to clarify the question so you can use as few words as possible to answer it.

What is a deposition in a court case?

A deposition is the process in which a witness is asked questions under oath by an attorney. Testifying at a deposition is often a mysterious and nerve racking event for most people. To give a successful deposition it is important to understand a couple of things. First, you need to know what the defense attorney is trying to accomplish ...

Who is Steven Palermo?

Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents and slip and fall injuries.

Is a deposition a trial?

No other explanation is necessary. Always remember a deposition is not a trial. If your case goes to trial you will have an opportunity to tell your entire story through much friendlier direct examination by your attorney. 4) My fourth rule is to keep calm. Don’t get agitated by the defense attorney’s questions.

What is the goal of a deposition?

Most defense attorneys have two main goals during a deposition. The first goal is to get your complete story. Questions will generally range from how the accident happened, to what your injuries and treatment were, to what types of problems you are having today as a result of your accident.

Is it normal to be nervous when you testify?

Nervousness, however, is normal and usually passes after a few minutes of questions.

What are the 4 commandments?

I refer to these as the four commandments. 1) Tell the truth. Nothing hurts a case more then a lie. Even a white lie can kill your case. Once you are caught in a lie your credibility is ruined. While the truth sometimes hurts a case, it is never as bad as a lie. Every case has a weakness, so we don’t run from them with a lie, ...

Is it normal to be nervous during a deposition?

Nervousness, however, is normal and usually passes after a few minutes of questions. Don’t be afraid to be a little nervous. If you remember the defense attorney’s goals, review your case with your attorney and follow the four rules proposed here, your deposition will almost certainly be a success.

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.

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 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.

How to request a deposition?

Tip: Make sure that your request actually came in the form of a subpoena and not just an ominous letter before taking action. 1 If the deposition is to occur very far from you, argue that it should be held closer to you. Some states even have laws mandating that depositions be within a reasonably close geographical distance. 2 Depending on state law, you can argue that you are not a direct party to the matter. Some states, such as Connecticut, prohibit compelling any person who was not a direct party to testify. 3 Contact a Fort Collins personal injury lawyer who practices in your local area before doing anything. If the matter involves a company you work for, ensure that they pay for your lawyer.

What happens if you refuse a deposition?

If you refuse after being ordered by the court to give a deposition, you would likely be found in contempt of court, leading to dire consequences. On top of that, you would still be forced into the deposition.

How to defend a personal injury case?

The first strong defensive strategy is to be keenly aware of the philosophy of your side of the case. For example, if you are a plaintiff in a personal injury case or a personal injury lawyer, you may want to get to the end of the case in which you discuss damages and how the accident affected the victim. As you know, the more that the personal injury lawyer spends on the case, the less he or she will actually make if there is recovery. If you are the defendant or the defendant’s lawyer, you likely want to slow the case down so that you can gain leverage by making the case drag out. If you slow the case down, the other side may become desperate to settle for less than the case is actually worth. Personal injury lawyers are aware of this tactic and often offer to represent the client on a contingency fee basis so that the client does not have to come up with sizable funds to support the litigation strategy.

Is litigation stressful?

Even for the most experienced of litigators, litigation can be stressful. This is even more true when there is an imbalance in experience due to an experienced trial lawyer facing off against a young or new lawyer or a pro se litigant. A good litigator can easily derail a case even before a trial starts by using some procedural checks.