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Depositions and Testimony A deposition is testimony given under oath, but outside of the courtroom. Testimony given in a deposition is just as legally binding as testimony given in court. A deposition is a fact-finding procedure and may be used to capture surveyor testimony.
(3) Any party or attorney of record may be physically present at the deposition at the location of the deponent with written notice of such appearance served by personal delivery, email, or fax, at least five court days before the deposition, and subject to Code of Civil Procedure section 2025.420.
Dont Fear Depositions In many cases, depositions can lead to settlements, avoiding the necessity of trial. Think of it as a necessary but important step in the process of getting justice and fair reparation for your injuries.
You have a right to refuse any questions about a persons health, sexuality, or religious beliefs (including your own). The opposing attorney will have to explain how your answer has a direct bearing on the case in order to compel you to answer. Privileged information.
However, testimony at trial should not bring any new information to light. Unlike a deposition, which allows for a more probing inquiry and compels you to answer, your attorney can object to inappropriate questions if you are testifying. When an objection is raised, the judge will decide whether you must answer.
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Code 2025.220(a)(1)). Note that: the deposition of an individual (whether or not a party) generally may be noticed at a location either within 75 miles of the deponents residence or in the same county where the action is pending and within 150 miles of the deponents residence (Cal.
Staying Calm, Collected, and on Course Tell the Truth It helps to think of a deposition as nothing more than a discussion. Think First, Speak Second Always consider the question and think over your answer before you speak. Keep It Short and Sweet Your answers should be short, sweet, and to the point.
Irrelevant information. Any question that you think is improper or does not have any bearing on the outcome of the case may be irrelevant. If one of these questions is answered, your attorney will likely stop you from answering and object on your behalf. If he does not, you may object to the question yourself.
If you are the defendant, you can notice a deposition as soon as you have been served with the complaint or appear in the action, whichever occurs first. Code of Civil Procedure 2025.210(a).
There are three different types of depositions: depositions upon written interrogatories, depositions upon oral examination, and depositions from video-recorded statements.

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