I would like some feedback please.
I just got a call from someone I know. He and his Fiancee run an animal rescue for mostly horses. They are great people and from what I have seen, they have taken excellent care of the animals, etc. I just found out that he was jailed for cruelty to animals and she had a stroke from all of the stress.
I don't know much about the workings of the place, but he wants me to fill out a deposition on their behalf. I think I helped my aunt out with a deposition for a different case.
Is a deposition a list of specific questions that one would answer on paper? I would only put what I know and nothing more. What do you think?
I gave a deposition once. I was in a conference room with my attorney and the attorney for the defendant. There was no list of questions, and I didn't know ahead of time what I'd be asked. I do remember having to answer "I don't know" or "I don't remember" to some questions, and that was fine. It might be different in your case, though, because you aren't one of the principal parties in the case.
Sorry, this probably isn't too helpful. Hope it gets resolved quickly!
If it is likely that there will be no need for follow-up questions, then most states allow a written deposition, which is just sworn testimonial answers to pre-written questions.
The counsel will type your handwritten answers, and bring them to you for notarization, prior to turning them in to the court.
It will start with basic questions like:
State your name and address
State your relationship to the defendant
State your background, including degrees, etc.
Have you ever testified before
And blah blah blah - dates, descriptions, etc. related to the case. The questions will be extremely specific in nature.
Thanks Amanda G. and John. I spoke to him and he said that they need a character reference of what I have seen, which was all good.
There is a suspecision that it is personal and that that person (accuser) is politically connected. Hopefully, (the falsely accused) with their volunteers, the vet, the police they worked with to rescue animals, etc will be able to help them.
It's just so awful. They also thought that she would lose the baby due to the stroke. Lord be with them.
While I firmly believe that every report of abuse to animals needs to be checked, it seems as though they should have no problem if there was no abuse going on.
Anyone who rescues animals is A-OK in my book. While their volunteers will make great character witnesses it seems to me that their best help will come from the vet. No self respecting vet would lie when it comes to how animals are being treated.
I wish your friend lluck with her pregnancy... how very scary.
yes, I realize I was no help at all, but I wanted to post this anyway:)
I've never given a deposition, eldee, but like cali I wanted to offer my moral support. I hope that your pregnant friend feels better and more tranquil soon, and that the jury can perceptively sort out the responses and see through any defamations of character. I'm certain your sincere and kind and credible demeanor will work in your friend's favor.
I also send my best to your friend and hope all is well. Just stay calm and you'll be fine.
There are several practicing attornies here that would probably be glad to answer your question, but I don't want to volunteer their services publicly. John pretty much hit the nail on the head, so there isn't much more to add, except for the fact that anything you say is admittable in court and subject to perjury penalties.
I was once depositioned on a civil case involving my friend when I was living in NYC.
What happened with me was. They talked to me on the phone, asking questions specific to the case (since i was an eyewitness to the event, thats what was asked) The attorney will then get the written answers you answered to you. You will need to read it, make sure that is what you said, and have it notarized and returned.
Note: this doesn't preclude you from being put on the stand... in the case I was on, I was put on the stand, and the defense attorney grilled me based on my deposition.
Your milage may vary.
~senrik the witless for the prosecution.
Eldee, I don't have any advice but I'm sending you & your friends all my best wishes. I hope your friend who had the stroke gets the care she needs for her & baby. Anyone who takes in injured/unwanted horses should get a medal in my book.
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