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Subject Civil Case

Date Wed Sep 17 2008 11:24
Author Maury D. Beaulier
To have a deposition done do they need a court order for that?

In a criminal case, you must seek court permission unless the person being deposed voluntarily agrees to it. In a civil case, no permissionis necessary. A person can be subpoenaed or, if a party, a Notice of Deposition is served.

How will I know what questions are going to asked?

I am not sure I understand. If you are being deposed, you won't know until they are asked.

Do I have to answer all questions?

That depends on the question. A court can order you to answer questins if you do not.

Can I plead the fifth?

Yes. If the answer has a tendency to incriminate you in a criminal matter.

I have no idea what a "so called legal guy" may be. I assume that you mean your attorney. Certainly, your attorney may request a rescheduled date.

It is certainly not unusual to schedule two depeosiions at the same time, to reduce costs. There is nothing inapproriate about that.

Now there might be a evaluation done, and than this one attorney will have a chance to submit question she wants answers to. Is that not a deposition?

No. Based on your questions, it appars that this is a civil and not a criminal case. That means your question is posted on the wrong board. That notwithstanding, submitting a list of questions is not a deposition. It is a form of discovery called "interrogatories."

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