+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 10 of 20

Thread: Deposition

  1. #1
    FORT Fogey eldee's Avatar
    Join Date
    Mar 2003
    Posts
    7,545

    Deposition

    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?

  2. #2
    Hypermediocrity Amanda's Avatar
    Join Date
    Apr 2003
    Posts
    9,925
    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!

  3. #3
    The race is back! John's Avatar
    Join Date
    Sep 2002
    Location
    On the mat
    Age
    43
    Posts
    40,432
    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.

  4. #4
    FORT Fogey eldee's Avatar
    Join Date
    Mar 2003
    Posts
    7,545
    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.

  5. #5
    Soccer Kicks Balls cali's Avatar
    Join Date
    Sep 2002
    Location
    right behind you
    Age
    47
    Posts
    15,258
    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
    "Rice is great when you're hungry and want 2,000 of something' -- Mitch Hedberg

  6. #6
    FORT Spaghettio Shayla's Avatar
    Join Date
    Feb 2003
    Posts
    1,416
    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.

  7. #7
    That's all folks! Unklescott's Avatar
    Join Date
    May 2003
    Location
    Dublin, OH
    Posts
    26,558
    I also send my best to your friend and hope all is well. Just stay calm and you'll be fine.

  8. #8
    Fade to black
    Join Date
    Mar 2003
    Posts
    2,944
    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 know someday you'll have a beautiful life, I know you'll be a star in somebody else's eyes... but why... why... why can't it be me?

  9. #9
    Don't Panic senrik's Avatar
    Join Date
    Jul 2003
    Location
    Bainbridge Island, WA
    Age
    44
    Posts
    4,165
    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.
    "The purpose of the new capitalism is to shoot the wounded." ~ Andy Grove, Chairman, Intel Corporation

  10. #10
    Retired! hepcat's Avatar
    Join Date
    Jun 2003
    Location
    in a good place
    Posts
    27,046
    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.
    You've gotta hustle if you want to earn a dollar. - Boston Rob

+ Reply to Thread
Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts

SEO by vBSEO 3.6.0 ©2011, Crawlability, Inc.