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There were a number of people in the room at the deposition. But he has agreed to give a full deposition over the next few weeks.
So let me be absolutely clear, we're talking here deposition. Bring your man my office at once deposition may be required.
I want to visit him again before we take his deposition. And it is certain that the business of his deposition was put in hand at once. And, believe me, I knew what the purpose of the deposition was.
The deposition was in , after Reagan had left office. Yet like a criminal's deposition , one thing does lead to another. He's not been forced to give a deposition in any of them.
The depositions will probably not take place until next month. In practice deposition will be much more complex than this. More than people have given depositions in the case.
In a deposition this winter the young man was asked if he had said that. The lawyers just called and said that the other side wants to take a deposition from you.
First, consider the President's options after he left the deposition. The reverse process of sublimation is desublimation , or deposition. Deposition, also known as desublimation , is a thermodynamic process, a phase transition in which gas transforms into solid.
Critical exploration of contemporary Raunch culture has also been usefully linked to the notion of repressive desublimation. Introduced the concept of repressive desublimation , in which social control can operate not only by direct control, but also by manipulation of desire.
His famous concept repressive desublimation refers to his argument that postwar mass culture, with its profusion of sexual provocations, serves to reinforce political repression.
Foucault expanded the concept into 'hyper-repressive desublimation ', and simultaneously criticised it for ignoring the plurality and extent of competing sexual discourses that emerged from the sexual revolution.
Continuing lift and desublimation will tend to increase the number of ice crystals which may combine until they are too heavy to be supported by the vertical air currents and fall out as snow.
As with oral examination at trial, depositions can become heated at times, with some attorneys asking harassing questions to provoke witnesses into losing their tempers, some witnesses giving evasive answers, and occasional use of profane language.
In extreme situations, one side or the other may ask the reporter to mark the record, then may suspend the deposition, demand a rush transcript , and file an emergency motion to compel a response, for a protective order, or for sanctions.
Some courts have magistrates or discovery commissioners who are on call for such contingencies, and the parties are supposed to use them to referee such disputes over the phone before resorting to filing motions.
In extreme circumstances where the relationship between the lawyers, parties, or witnesses has totally broken down, the court may require the use of a discovery referee who will have authority to sit in on depositions and rule immediately on objections as they are presented, or may order that all further depositions take place in court in the presence of a judge.
Parties can bring documents to the deposition and ask document identification questions to build a foundation for making the documents admissible as evidence at trial, as long as the deponent admits their authenticity.
The court reporter and all parties in the case are usually provided a copy of the documents during the deposition for review. In recent years, developments in litigation technology has allowed the use of paper documents to be replaced by electronic documents and exhibits in the deposition.
The deponent, court reporter , and all parties receive digital official exhibits or courtesy copies. Combined with live transcript feed technology and legal videography , digital exhibit technology has made participation in remote depositions more functional and popular.
Under FRCP 30 d 1 and its state counterparts, a deposition normally must take place for no longer than seven hours on one day per each deponent, unless otherwise stipulated by the parties or ordered by the court.
This means that the deposing party who knows that a deposition will go longer than one day must either ask the deponent to stipulate to more time, or, if the deponent is uncooperative, go before the court and file a motion for a longer deposition.
California was the major exception, in that it had no default time limit; depositions can theoretically proceed indefinitely, or at least until the deposition becomes so obviously excessive and burdensome that the deponent is able to move for a protective order.
However, in January , the California legislature amended the previous rule to fall in line with the federal rule, now requiring that depositions will typically be limited to seven hours of total testimony.
After the deposition, the transcript is then published in the form of a hardcopy booklet, which is provided to the deponent as well as to any party to the suit who wishes to purchase a copy.
The booklet will have the case caption the name of the court, case number, and names of the parties on the front.
Inside, the pages have line numbers along the left margin, so that the parties can precisely cite testimony by page and line in later court documents.
Timestamps are inserted into the margin if a video recording is being made; in the event the witness is unavailable for trial, the parties or the court will use the timestamps to identify admissible segments which a video editor will stitch together to present to the jury.
Finally, a concordance is automatically generated by the stenographic system's software and included in the back of the booklet. The court reporter keeps a copy of the documents provided to the deponent during the deposition for document identification questions, unless digital document and exhibit technology is employed, in which case the deponent and all parties receive the official exhibits in real time.
Deponent has right to read and sign the deposition transcript before it is filed with the court. Deponent cannot change his statements on the deposition transcript, but under rule 30 e they can correct on additional " errata sheet" any mistakes in the deposition transcript shortly after the testimony has been typed and bound.
The errata sheet allows the deponent to make any modifications that make "changes in form or substance," giving the deponent the option to alter their record from the original transcript.
Issues may arise where a party attempts to make substantive changes to testimony through errata sheets. The chief values of obtaining a deposition, as with any discovery proceeding, is to give all litigant parties in a contested case a fair preview of the evidence, and to provide support documents for further trials and dispositive motions.
The process provides a "level playing field" of information among the litigants and avoids surprises at trial traditionally regarded as an unfair tactic.
When a witness's testimony in open court is inconsistent with that given at deposition, a party can introduce the deposition to impeach or contradict the witness.
In the event a witness is unavailable for trial usually because they are deceased, seriously ill, or live hundreds of miles away , their deposition may be read or played before the jury and made part of the record in the case, with the same legal force as live testimony.
In some states, stenographic, audio, or video records of depositions can be offered into evidence even if the witness is available.
Deposition of the opposite party is often used to produce self-incriminating statements from the deponent, also document identification questions can make exhibits admissible for hearings and summary judgment motions.
Sometimes, after a number of witnesses have been deposed, the parties will have enough information that they can reasonably predict the outcome of a prospective trial, and may decide to arrive at a compromise settlement , thus avoiding trial and preventing additional costs of litigation.
Accordingly, while most depositions are not videotaped, opposing counsel may use the opportunity to get an impression of the witness's affect and appearance, because these are telling factors as to how that person will present in front of a jury.
Furthermore, deposition transcripts are frequently submitted in support of motions for summary judgment as evidence that there is no triable issue of fact.
The moving party may use transcripts to argue that even if all the testimony given at deposition was given again at trial, no reasonable factfinder could find in the opponent's favor on a material issue of fact.
The rationale is that generally, a witness must give consistent testimony on all material issues of fact both at deposition and at trial unless there is a very good reason for changing one's answers , or else the inconsistencies can and will be used to impeach his credibility.
In some United States jurisdictions, depositions may be taken in criminal cases, for reasons that vary between jurisdictions.
In federal criminal cases, Federal Rules of Criminal Procedure Rule 15 governs the taking of depositions. Each state has its own laws which govern the taking of depositions.
Most jurisdictions provide that depositions may be taken to perpetuate the testimony of a witness, that is, preserve their testimony for trial. This occurs when a witness may not be able to testify at trial.
The deposition of the witness is taken and, if the witness is unable to appear at trial, the deposition may be used to establish the witness' testimony in lieu of the witness actually testifying.
Regarding depositions to preserve testimony, the Confrontation Clause of the Sixth Amendment to the United States Constitution establishes a constitutional right of the defendant to be present during the deposition and to cross-examine the witness.
The defendant may waive this right. Some jurisdictions provide that depositions may be taken for purposes of discovery. In these jurisdictions, the defendant does not have a constitutional right to be present, although such a right may be established by statute.
Some jurisdictions require that because of the sensitive nature of taking a deposition of a minor, it must be videotaped.
A defendant in a criminal case may not be deposed without his consent because of the Fifth Amendment right to not give testimony against oneself.
In Canada, the process is nearly identical to that followed in the United States, but the proceeding is called an examination for discovery.
The process is considered in Canada to be time-consuming and expensive when conducted without limits. As a result, Rule In Australia, and in England and Wales , there is no right of oral examination of opposing parties in civil litigation, save that in England and Wales the pre-litigation discovery process allows for each party to make written questions and the answers to those questions will be relied upon during if there is any discrepancy in the oral evidence given in court.
Oral examination is typically completed after pleadings and requests for particulars by the exchange of affidavits of documents and sometimes written questions and answers interrogatories.
Often affidavits are exchanged before trial, but the first opportunity to orally question the opposing party's evidence is usually at trial.
From Wikipedia, the free encyclopedia. Personal In personam In rem Quasi in rem. Discovery Initial conference Interrogatories Depositions.
Default judgment Summary judgment Voluntary dismissal Involuntary dismissal Settlement. Mandamus Certiorari. Retrieved 27 December New York State Bar Association.
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