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  • Can you be excused from a deposition due to deteriorating health issues . . .
    Depositions can be conducted over the phone, done at a hospital or in a household In the motion for protective order you can ask the court to limit the deposition in terms of time, content and location It also depends on the type of witness If this is a Plaintiff, he will most likely not be able to avoid having his deposition taken
  • Deposing An Incapacitated Person - Law Office of David M. Garten, Esq.
    The court reasoned that even a person who has been declared insane can be found competent to testify In Urbanek v Hopkins, 993 So 2d 1110 (Fla 4 th DCA 2008), a beneficiary of certain irrevocable living trusts sued the trustee for breach of fiduciary duty for failing to make distributions In turn, the trustee counter-sued asserting that
  • Can incapacitated individuals testify at a deposition? – Mendez . . .
    A deposition is a witness’ out-of-court sworn testimony, which enables attorneys to know in advance what a witness will say at trial The testimony is often used at trial or in preparation for trial In general, depositions can be given by any person involved in the case
  • Ten Rules for Depositions: Must-Know Evidence Rules - Evidence at Trial
    Too often, practitioners make the mistake of believing that the rules of evidence is something to consider if or when the case goes to trial This is a mistake A deposition transcript used to support a motion for summary judgment is useless if a key admission is buried in a meandering back-and-forth between the witness and examining attorney
  • Dell Schaefer Answers Common Questions About A Recorded Statements In . . .
    For example if you say in a recorded statement that the floor was wet with water in a recorded statement, but then say in a deposition prior to trial that the floor was wet with shampoo, the defendant’s attorney will most certainly point out the inconsistencies in your version of the events and try to convince the jury that you are a liar and
  • Deposing the Terminally Ill Litigant - Esquire Deposition Solutions
    Most litigators deposing witnesses to create testimony for use at trial will have the deposition video-recorded for greater impact Procedures for taking a videotape deposition are governed by Rule 30(b)(4), which – while not requiring leave of court – establishes additional rules for noticing and taking video-recorded depositions that will
  • RULE 4:14. Depositions Upon Oral Examination - Court Caddy
    A party intending to make an audiovisual recording of a deposition shall serve the notice required by R 4:14-2(a) not less than 10 days prior to the date therein fixed for the taking of the deposition The notice shall further state that the deposition is to be audiovisually-recorded (c) Transcript
  • Lawyer. com - 12 Rules to Follow When You Are Being Deposed
    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 The deposition may be used to gain information or to impeach you at trial There is no judge or jury
  • Witnesses, statements and depositions: A few new thoughts
    materially In short, you must make the witness “take a stand” with respect to their own testimony Although much of a deposition contains open-ended questioning, there comes a time during the deposition that you need to push the witness into a corner from which he cannot emerge without contradiction This is not merely an exercise in
  • Unable to Attend Court Due to Illness? Here’s What You Should Do
    For instance, a medical certificate may need to be filed within 48 hours of the missed appearance Missing these deadlines can undermine credibility and lead to the court proceeding without the absent party Consulting Counsel for Illness-Related Absences Engaging legal counsel when illness prevents court attendance can be invaluable





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