Can you refuse to answer questions in a deposition?
Irrelevant information – You may object to any question if you feel that it is improper or does not have any relevance to the case. In most cases, your attorney will stop you from answering and explain why she objects. The deposing attorney then must either drop the question or explain how it is related to your case.
In the defense's request to the court demanding an answer from you, they will likely ask the judge to impose a penalty on you for refusing to answer a proper question. The penalty could be something minor or in extreme circ*mstances, your case could be dismissed!
You can object to any questions in a deposition, but you may be compelled to answer if a judge overrules the objection in court.
Along with being required to attend a deposition, you are required to answer most of the questions that come your way. There can be instances when you can refuse to answer a deposition question if it reveals privileged information.
A subpoena is considered a legal request. However, ignoring this request could lead to serious legal consequences and disciplinary actions. If you are uncomfortable responding to a subpoena, speak with an experienced attorney to understand your options.
The rules for depositions vary by state and in federal court, but generally, the deponent must answer every question presented, regardless of objection, unless the answer is protected by a privilege or a court order. A deposition will usually be taken before a court reporter authorized to administer oaths.
The general rule is that if you plead the Fifth in discovery, you cannot change your answer later and waive your Fifth Amendment privilege at trial. So, if you plead the Fifth in discovery, whether in writing or in a deposition, you may be stuck with your answer, even if you didn't do anything wrong.
- Tell the truth. ...
- Think before you speak. ...
- Answer the question. ...
- Do not volunteer information. ...
- Do not answer a question you do not understand. ...
- Talk in full, complete sentences. ...
- You only know what you have seen or heard. ...
- Do not guess.
Perjury Penalties in California
The penalties for a perjury conviction vary from no jail time to four years in state prison. First-time offenders with no prior criminal history may be looking at zero days in jail, formal probation, fines, community service, and restitution.
If you're defending a deposition, you need to anticipate what opposing counsel is going to ask and where you are likely to have to make objections. Once you understand the case and the purpose of the deposition, it's important to try to understand opposing counsel's reputation and style.
Can you say I don't know in a deposition?
So what happens if you're in your deposition and you don't know the answer to a question, what happens, what do you do? That's perfectly acceptable and all you should say is “I don't know.” If you don't remember, you say, “I don't remember,” and that's in fact what you should do.
During a deposition you can object to the form of a question. This objection is like a referee in a game of football, making sure that the rules are being followed and the game is played fairly. If a question is unclear or improperly worded, the attorney can object to prevent the deponent from answering it.
Whatever is said in the deposition can be taken as evidence during trial. When you give your testimony at this deposition, and you have said something in error, then you can correct it before your case goes to trial.
Requests for a deposition are placed through a court and issued through a subpoena. Refusing to comply with a subpoena can result in criminal charges of contempt of court in most states, although typically in Marion County they won't pursue charges over it. However, to be completely safe you should abide by attending.
Yes, you can plead the fifth in a civil trial or deposition. But, whether you should or should not do so is often an issue that requires you to waive certain risks and benefits. If you refuse to testify in a civil matter, there can be adverse consequences for the case.
When answering questions in a deposition, it's essential to stick to what you know and avoid speculating or guessing. If you're not sure of the answer to a question, it's okay to say so. However, you should avoid making assumptions or offering opinions that are not based on fact.
The basic technique is to say something along the lines of, “I could answer your question with a simple yes or no, but it would be misleading, and I wouldn't want the jury to be misled.
The parties or their attorneys have the ability to ask questions of the person being deposed. Usually the person who requested the deposition will ask questions first.
A deposition is a civil practice wherein counsel for one party questions a witness or the opposing party under oath and on the record. An interrogation is usually a practice used by police to question witnesses or suspects involved in a criminal investigation.
Although the judge is not present during the deposition, sometimes a judge will be “on call” in case there are disputes over any questions, but this is typically only in high profile cases. Usually any issues or objections that are raised during a deposition are dealt with by the judge at future court appearances.
Why stand silent in court?
The Fifth Amendment to the United States Constitution provides that no person shall be compelled in any criminal case to be a witness against himself or herself. The self-incrimination privilege of the Fifth Amendment means that a defendant cannot be compelled to testify at his or her criminal trial.
answer." Thus, unless you object to and move to strike an answer you believe is non-responsive, your objection is probably waived at the time of trial. While it may seem like a simple matter, once you go "on the record," you cannot go "off the record" unless your opponent stipulates.
During a deposition, the opposing counsel typically asks questions to the witness. For example, if you are being deposed, the defendant's attorney will typically be questioning you. Your own lawyer may follow up with some of their own questions.
Because a deposition is sworn testimony, say what you know to be true without avoiding giving testimony that you do know. You can also say something like, “I don't know but my best estimate is x.” This allows you to provide an estimate without being held to anything specific.
It is customary that they last anywhere between three (3) and six (6), sometimes less. The scope of questions is unlimited, and attorneys have the right to ask broad questions on topics that may seem irrelevant. Many topics covered in Depositions are not admissible at trial.
