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Thread: Deposition

  1. #11
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    I had to give a deposition once in a work benefits type case. I was tape recorded as my boss and I were asked various questions related to the case. As someone else said, you are sworn to tell the truth, so in some cases, that means that it is better to answer honestly to all the questions. Generally, if you don't have specific factual knowledge of something, it is better and acceptable to answer with statements like I don't know...not sure...or etc. On the flip side, if you do have relevant info(good or bad) state what you know.

    All in all, it is not that bad a process to go through, but hopefully your friend will be ok.

  2. #12
    FORT Fogey eldee's Avatar
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    Thank you everyone so much! Your good advise and kind words mean a lot. The whole thing is a mess. First they were accused, then no fault was found. Now, they are accused again. In a longer conversation, I found out that they lost the horse sanctuary and also their own horses. When he was telling me all this, I could hear her crying in the background, so we had to end the conversation. This all happened in a matter of 2-3 weeks. Even when things are cleared up, they won't go back to their passion. Before this happened, she was training one of her dogs to be one of those visiting dogs that goes to homes and try to bring a few minutes of happiness to people.

    She had the mentally and emotionally challenged at the sanctuary riding horses for therapy. That and so much more has now been lost. It's all so sad, but they have faith and big hearts.
    ****************************** **************************
    It turns out that he needs character references and not a deposition. When I helped my aunt with a deposition years ago, it was pages long, it seemed as if the questions were exactly the same, but they weren't, and it was very tricky for someone like me. I remember the headache I got after a couple of hours.
    Last edited by eldee; 09-16-2003 at 11:42 PM.

  3. #13
    An innocent bystander nlmcp's Avatar
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    Sorry to hear this is happening and now I'm really confused. If there was no fault found the first time, why would the horses be taken? And if the question was about the rescued horses, why would their own horses be taken?
    Now, did someone complain that they were running an unlicensed operation? Or having a farm in an unzoned area? This is too bad and I feel sorry for them, but it doesn't make sense.
    I could go east, I could go west, it was all up to me to decide. Just then I saw a young hawk flyin' and my soul began to rise. ~Bob Seger

  4. #14
    Soccer Kicks Balls cali's Avatar
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    I guess the political connections must be strong.

    I'd like you all to now call these scumbags a bunch of names I can't type here.

    WHY would anyone close down a wonderful place that helped not only animals but people too when NO FAULT WAS FOUND??

    I say someone needs to call 60 Minutes.
    "Rice is great when you're hungry and want 2,000 of something' -- Mitch Hedberg

  5. #15
    Leo
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    Not just 60 Minutes. eldee, do you have any more details on who this accuser is?

    I just can't fathom why somone who target something so beneficial as this.

  6. #16
    FORT Fogey eldee's Avatar
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    Quote Originally Posted by nlmcp
    Sorry to hear this is happening and now I'm really confused. If there was no fault found the first time, why would the horses be taken? And if the question was about the rescued horses, why would their own horses be taken? ....
    They lost their horses when they lost the sanctuary because they were not able to house them. She ended up selling her own to someone she trusted. The many others were seized. They've taken care of other animals that people or police turned over to them: llamas, goats, chickens, hens, pot belly pigs, rabbits, dogs, kittens (I helped bath them. They were so small and still had their eyes closed. The person who found them tried to take care of them, but 2 died. When she gave them to T. and she took care of them until they went to a good home at no charge.)

    I'm trying to find the article re: his being cleared, but I think the archieves only go back about a week. I'll keep looking.

  7. #17
    eternal optimist Shazzer's Avatar
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    Good luck, eldee, I hope everything works out well!
    "If you're like me, you have a 'been there, done that' attitude when it comes to paleolithic paleontology." - Jon Stewart

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  8. #18
    LG.
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    Eldee, I hope it works out for you. I didn't see your post yesterday, but agree with what folks are telling you here. A deposition is a sworn statement that is admissable as evidence in a trial. You want to stick with what you know and what you are sure about, and just answer "I don't remember" or "I don't know" for anything else they ask, don't speculate or try to guess what they want to hear, because if you were later called to be a witness in a trial, the opposing counsel could use your past deposition to try to impeach your testimony (try to show that you are lying or that you don't really know what you claim to know) which could put you at risk for perjury. You need to stick with things you know for sure so there are no possible discrepancies later. It sounds like you aren't a principal to the action like Amanda was, but I think in most jurisdictions you can still have a lawyer present to ask questions to while you are being deposed (but they have much less ability to object to questions than they would at trial, so almost every question needs to get some answer from you), but having a lawyer with you is probably completely unnecessary if you are being questioned as a character witness as the only risk to you would be if you perjure yourself (lie in your sworn statement). Written depositions are better because you can think about your answers more before you need to give them. Good luck with it.
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  9. #19
    Premium Member sheela's Avatar
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    Good luck, Eldee. I hope everything works out for your friends.

  10. #20
    Premium Member Yeti Long Shot: Porpoheus Champion
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    Quote Originally Posted by LG.
    Eldee, I hope it works out for you. I didn't see your post yesterday, but agree with what folks are telling you here. A deposition is a sworn statement that is admissable as evidence in a trial. You want to stick with what you know and what you are sure about, and just answer "I don't remember" or "I don't know" for anything else they ask, don't speculate or try to guess what they want to hear, because if you were later called to be a witness in a trial, the opposing counsel could use your past deposition to try to impeach your testimony (try to show that you are lying or that you don't really know what you claim to know) which could put you at risk for perjury. You need to stick with things you know for sure so there are no possible discrepancies later. It sounds like you aren't a principal to the action like Amanda was, but I think in most jurisdictions you can still have a lawyer present to ask questions to while you are being deposed (but they have much less ability to object to questions than they would at trial, so almost every question needs to get some answer from you), but having a lawyer with you is probably completely unnecessary if you are being questioned as a character witness as the only risk to you would be if you perjure yourself (lie in your sworn statement). Written depositions are better because you can think about your answers more before you need to give them. Good luck with it.

    That whole thing pretty much agrees with what I told you in my PM yesterday - the only thing I would add is not to give too much info. Only answer what they ask, yes, no or whatever. Don't go into the whole story. If they have any extra info they will use it against you. And yes, I've been on both sides of that table (not as the client, however).

    Ours is such a litigious society. You just never know what's around the next corner. Good luck!

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