Tag: deposition

Citing a Witness

| by Heather Duncan, Esq.

Under the California Code of Civil Procedure (CCP) Section 2025.480, if a deponent fails to answer any questions or to produce any document or tangible thing under the deponent’s control, the party seeking discovery may seek a court order to compel. 

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DEPOSITION INTERPRETING

| by Heather Duncan, Esq.

During a deposition it is important that all parties understand each other and communicate well. If a witness does not speak fluent English it may be necessary to have a professional interpreter present at the deposition. 

When an interpreter will be used at a deposition, it is a good idea to keep the following ground rules in mind:  

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I Object!

| by Heather Duncan, Esq.

Handling objections during a deposition can be complicated. Some objections are waived unless made during the testimony. Others aren’t waived, even if you fail to make them. Below is a brief rundown on the California law.

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Using Deposition Testimony From an Unrelated Matter

| by Heather Duncan, Esq. and Suzanne Smigliani, Esq.

In last month’s post we outlined the Top Five Tips for Using Deposition Testimony to Impeach a Witness at Trial.  Below is our response to your questions on using deposition testimony from an unrelated action to impeach a witness.

First, a quick review on obtaining deposition testimony from a prior unrelated action...

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Why We Have to Work Together

| by Barry Harris Hinden, Esq.

There may be an opportunity for disability discrimination (employment lawyers), personal injury, and workers’ compensation attorneys to benefit through cooperation.  Many workers’ compensation claims overlap with employment discrimination cases.  Likewise, many workers’ compensation claims involve personal injury, products liability, premises liability, and/or construction site injury claims.

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Don't Forget It's For Trial Use

| by By Scott Bonesteel, Esq.

Depositions are a feature of the daily lives of those of us who claim to be ‘civil litigation attorneys’.  For every lawsuit filed there is typically at least one deposition and perhaps hundreds taken.  Of those lawsuits, statistics show that 95 percent or more settle without a trial.  However, one of the most painful experiences is to find yourself at trial without the deposition testimony, either direct or in the form of potential impeachment, you need to support your client’s claim or defense.

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