This document provides information about depositions, which are part of the discovery process in civil lawsuits. It defines key terms like parties, witnesses, and depositions. It explains how to schedule a deposition, who can be present, the process that occurs, and the rights and responsibilities of those being deposed. The document also notes some differences for depositions in criminal cases and provides tips for answering questions during a deposition.
This document discusses key aspects of dealing with evidence in court cases under Malaysian law. It covers determining the nature of evidence as oral or documentary, assessing a client's evidence, and exceptions to the hearsay rule that allow statements from unavailable witnesses to be used. The main legislation governing evidence in Malaysia is the Evidence Act 1950, and common law principles can provide guidance where the Act is silent.
This document discusses the law of evidence in Malaysia. It defines evidence according to various legal scholars and outlines the key principles and structure of evidence law. The law of evidence determines how facts may be proved in court, what facts need not be proved, and the means by which the court can be informed of issues in dispute. Evidence law is divided into substantive and procedural aspects, with the latter governing pleading, procedure and proof in court.
Pleadings and motions العريضة والطلبات امام المحاكم الامريكية ezzeldin bassyouni
Pleadings and motions are formal written statements filed with the court that inform all parties of the claims and requests being made. There are seven types of pleadings allowed under federal rules, including complaints, answers to complaints, and replies to answers. Pleadings can be categorized as either notice pleadings, which provide allegations to give notice of the lawsuit, or fact pleadings, which provide specific facts. Motions are formal requests made to the judge, such as motions to dismiss a case or motions for temporary restraining orders.
Presumption means accepting something as true until it is proven otherwise. There are two types of presumptions: rebuttable and irrebuttable. Rebuttable presumptions can be challenged with evidence, such as the presumption of innocence in criminal cases. Irrebuttable presumptions, also called conclusive presumptions, cannot be challenged with any additional evidence, such as the presumption that a child under 7 does not have the mental capacity to commit a crime. The Evidence Act of 1872 provides guidance on how courts should treat facts that are presumed, whether the presumption can be challenged or is conclusive.
Oral, documentary, circumstantial, direct, real, primary, secondary, hearsay, judicial, and non-judicial evidence are some of the main types of evidence discussed in the document. Oral evidence refers to witness testimony, documentary evidence includes presented documents, and circumstantial evidence allows inferences to be made. Direct evidence involves eyewitnesses while real evidence consists of physical objects. Primary evidence is original documents and secondary evidence is presented in the absence of primary. Hearsay is reported but not directly witnessed, and judicial versus non-judicial refers to evidence presented inside or outside of court.
This document discusses the authentication of documentary evidence under Alabama rules of evidence. It explains that documentary evidence must be authenticated to prove it is what it claims to be. There are several ways this can be done, including through witness testimony, certain self-authenticating documents like public records, or circumstantial evidence for private writings. The document also provides numerous examples of specific types of documents that have additional authentication rules, such as business records, mortality tables, or letters.
This document discusses hearsay evidence under the topic of law of evidence. It begins by defining hearsay evidence as a statement made out of court that is offered in court to prove the truth of what was stated. Direct evidence is testimony based on a witness's own knowledge or observation, whereas hearsay is indirect evidence of a statement made by someone other than the witness. The document goes on to provide examples of hearsay in oral, written, and non-verbal forms, and discusses exceptions to the hearsay rule. It also outlines rationales for excluding hearsay, such as it not being given under oath or subject to cross-examination.
Qanun-e- Shahdath Order , {Documentary evidence}ShahMuhammad55
This document discusses documentary evidence in criminal trials under Pakistani law. It begins by introducing the stages of a criminal trial and the types of evidence presented. It then focuses on documentary evidence, explaining how documents are admitted into evidence and the best evidence rule. Key points include: documents must be properly submitted by the prosecution or defense and examined; the contents of a document are proven by the document itself under the best evidence rule; and documentary evidence has precedence over oral testimony in contradicting a document's contents according to Articles 102 and 103 of Pakistan's Evidence Act.
This document discusses key aspects of dealing with evidence in court cases under Malaysian law. It covers determining the nature of evidence as oral or documentary, assessing a client's evidence, and exceptions to the hearsay rule that allow statements from unavailable witnesses to be used. The main legislation governing evidence in Malaysia is the Evidence Act 1950, and common law principles can provide guidance where the Act is silent.
This document discusses the law of evidence in Malaysia. It defines evidence according to various legal scholars and outlines the key principles and structure of evidence law. The law of evidence determines how facts may be proved in court, what facts need not be proved, and the means by which the court can be informed of issues in dispute. Evidence law is divided into substantive and procedural aspects, with the latter governing pleading, procedure and proof in court.
Pleadings and motions العريضة والطلبات امام المحاكم الامريكية ezzeldin bassyouni
Pleadings and motions are formal written statements filed with the court that inform all parties of the claims and requests being made. There are seven types of pleadings allowed under federal rules, including complaints, answers to complaints, and replies to answers. Pleadings can be categorized as either notice pleadings, which provide allegations to give notice of the lawsuit, or fact pleadings, which provide specific facts. Motions are formal requests made to the judge, such as motions to dismiss a case or motions for temporary restraining orders.
Presumption means accepting something as true until it is proven otherwise. There are two types of presumptions: rebuttable and irrebuttable. Rebuttable presumptions can be challenged with evidence, such as the presumption of innocence in criminal cases. Irrebuttable presumptions, also called conclusive presumptions, cannot be challenged with any additional evidence, such as the presumption that a child under 7 does not have the mental capacity to commit a crime. The Evidence Act of 1872 provides guidance on how courts should treat facts that are presumed, whether the presumption can be challenged or is conclusive.
Oral, documentary, circumstantial, direct, real, primary, secondary, hearsay, judicial, and non-judicial evidence are some of the main types of evidence discussed in the document. Oral evidence refers to witness testimony, documentary evidence includes presented documents, and circumstantial evidence allows inferences to be made. Direct evidence involves eyewitnesses while real evidence consists of physical objects. Primary evidence is original documents and secondary evidence is presented in the absence of primary. Hearsay is reported but not directly witnessed, and judicial versus non-judicial refers to evidence presented inside or outside of court.
This document discusses the authentication of documentary evidence under Alabama rules of evidence. It explains that documentary evidence must be authenticated to prove it is what it claims to be. There are several ways this can be done, including through witness testimony, certain self-authenticating documents like public records, or circumstantial evidence for private writings. The document also provides numerous examples of specific types of documents that have additional authentication rules, such as business records, mortality tables, or letters.
This document discusses hearsay evidence under the topic of law of evidence. It begins by defining hearsay evidence as a statement made out of court that is offered in court to prove the truth of what was stated. Direct evidence is testimony based on a witness's own knowledge or observation, whereas hearsay is indirect evidence of a statement made by someone other than the witness. The document goes on to provide examples of hearsay in oral, written, and non-verbal forms, and discusses exceptions to the hearsay rule. It also outlines rationales for excluding hearsay, such as it not being given under oath or subject to cross-examination.
Qanun-e- Shahdath Order , {Documentary evidence}ShahMuhammad55
This document discusses documentary evidence in criminal trials under Pakistani law. It begins by introducing the stages of a criminal trial and the types of evidence presented. It then focuses on documentary evidence, explaining how documents are admitted into evidence and the best evidence rule. Key points include: documents must be properly submitted by the prosecution or defense and examined; the contents of a document are proven by the document itself under the best evidence rule; and documentary evidence has precedence over oral testimony in contradicting a document's contents according to Articles 102 and 103 of Pakistan's Evidence Act.
This document discusses hearsay evidence and exceptions to the hearsay rule. It begins by defining hearsay as out-of-court statements offered to prove the truth of the matter asserted. Hearsay is generally inadmissible due to issues with reliability. Exceptions allow certain hearsay statements, including dying declarations where the declarant is unavailable due to death. The document also discusses different forms of hearsay such as oral, written, and conduct, and exceptions like res gestae and statements of unavailable persons under Section 32 of the Evidence Act 1950. It concludes by mentioning the current issue of potentially abolishing the hearsay rule.
The document provides an overview of the Indian Evidence Act of 1872. Some key points:
- The Act governs the admissibility of evidence in Indian courts and was passed during British rule based on recommendations to standardize evidence rules.
- It divides evidence into oral, documentary, and material forms and covers the relevance of evidence in criminal trials. Relevant evidence must be related to the facts in issue in a case.
- The Act has been amended over time but its original framework remains. It establishes rules for evaluating different types of evidence and determining what evidence is admissible in court.
Gregory Zilch is charged with second-degree murder for shooting and killing Tavaris Mercer. Zilch's attorney analyzed whether self-defense could be claimed based on the facts of the case and Florida's Stand Your Ground law. The attorney concluded that Zilch has a strong chance of acquittal based on precedent that found George Zimmerman not guilty for similar actions claiming self-defense. The attorney believes Zilch can prove by a preponderance of evidence that he acted in self-defense and is therefore immune from prosecution under Stand Your Ground laws. A motion to dismiss will be filed based on these arguments.
This document discusses the history and purpose of the Malaysian Evidence Act 1950. It was modeled after the Indian Evidence Act of 1872, which codified English common law rules of evidence. The Act aims to regulate the presentation of facts in court proceedings to ensure justice and fair trials. It defines evidence as oral statements by witnesses and documentary evidence. Evidence must relate to facts in issue or other relevant facts as defined in the Act. Relevant facts are those that are logically connected or probative to matters requiring proof, subject to exclusionary rules like hearsay. The document also discusses types of evidence and the distinction between facts in issue in civil and criminal cases.
EVIDENCE LAW 1(12) judicial notice (pengiktirafan penghakiman)Hafizul Mukhlis
1. Judicial notice allows courts to accept facts that are either generally known or can be determined from authoritative sources without requiring evidence.
2. There are three forms of judicial notice - without inquiry for notorious facts, after inquiry where courts investigate sources, and by statute for facts legislated.
3. While courts can investigate sources, judges cannot rely on their personal knowledge and must decide cases based solely on admissible evidence presented.
Crawford v Washington involved the admittance of a wife's statement to police against her husband at his trial for stabbing a man. The Supreme Court overruled prior precedent that allowed out-of-court statements if reliable, finding this violated the Confrontation Clause. Two later companion cases provided more guidance, finding a 911 call describing ongoing events was nontestimonial but a signed affidavit of past events was testimonial. However, the Court has still not provided a comprehensive definition of "testimonial" and what types of statements implicate the Confrontation Clause.
Hearsay evidence refers to statements made out of court that are offered in court as evidence to prove the truth of what was stated. Hearsay evidence is generally inadmissible as evidence because it is not direct evidence and the person who made the original statement cannot be cross-examined. However, hearsay may be allowed if it is not being used to prove the truth of the matter asserted, but rather to show that something was said. The document discusses the definition of hearsay evidence, reasons why it is generally excluded, and examples of cases where hearsay evidence was either admitted or excluded from trials.
The document provides an introduction to Indian law of evidence. It discusses how there was no systematic enactment initially and the English rules of evidence were followed in some areas. The first Indian Evidence Act was passed in 1835. The current Indian Evidence Act was drafted by Stephen and passed in 1872, being based on English law of evidence. It discusses different types of evidence like oral, documentary, real, hearsay etc. It also discusses key concepts like direct evidence, judicial evidence and rules regarding primary and secondary evidence.
This document summarizes a Supreme Court case report regarding interrogation procedures and the right to remain silent. It discusses how the Supreme Court ruled that confessions obtained without informing suspects of their rights cannot be used against them in court. The Court also said interrogation must cease if the suspect requests a lawyer. The case led to new safeguards being put in place around police questioning of suspects to protect their Fifth Amendment right against self-incrimination.
This document summarizes key provisions from the Indian Evidence Act relating to relevance of evidence and admissibility of confessions. It discusses how evidence may only be given for facts in issue or relevant facts. It explains the doctrine of res gestae and how facts forming part of the same transaction are relevant. It also discusses relevance of facts relating to motive, preparation, conduct and opportunity. Provisions around admissions and confessions are summarized, including the difference between judicial and extra-judicial confessions.
This document provides background on the void-for-vagueness doctrine, prosecutorial discretion, and equal protection as they relate to a recent Ohio Supreme Court case, In re D.B. It discusses that laws can be unconstitutionally vague if they fail to provide clear guidelines to allow ordinary people to understand what conduct is prohibited or if they authorize arbitrary enforcement. Prosecutors have broad discretion in charging decisions as long as they are not based on impermissible classifications like race or religion. The document then analyzes In re D.B., finding that while the court correctly overturned the conviction on substantive due process grounds, it erred in also finding an equal protection violation, as prosecutors have discretion to charge similarly situated individuals differently.
The document discusses the rules and exceptions regarding hearsay evidence in a court of law. Hearsay is defined as an out-of-court statement offered to prove the truth of the matter asserted, and is generally not admissible as evidence. However, there are several exceptions where hearsay may be allowed, including present sense impressions, excited utterances, statements of then-existing mental or physical condition, and statements against interest. The document also discusses the rules around hearsay within hearsay, attacking the credibility of a declarant, and the definition of unavailability of a declarant.
The document is a law student's project on relevant facts under the Indian Evidence Act. It includes typical sections like certificates, declarations, acknowledgements and begins discussing the introduction to evidence law and chapter on relevancy of facts. The project will examine what constitutes relevant evidence and the distinction between legal admissibility and logical relevance.
The document summarizes the key participants and processes involved in a criminal trial in the US legal system. It describes the roles of the judge, court clerk, court reporter, lawyers, jury, and prosecutors and defense attorneys. It also outlines the jury selection process, rules around evidence and witness questioning, opening statements, and the purposes and processes of both prosecution and defense.
CHARLES DYER'S NOT GUILTY VERDICT FOR THE FEDERAL WEAPONS CHARGE! Deborah Swan
Charles Dyer was set up by a member of the ARM , American Resistance Movement, by giving him what appeared to be a grenade launcher. This type of weapon is legal for Charles to won do o his firearm military training. This is the case documents of his federal charge of having a stolen military weapon in his possession. Charles demanded a jury trial. The jury found Charles not guilty!
Welcome to Legal Research Writing and MootCourtNajahJacobs
I do not have a personal stance on this issue. As an AI assistant created by Anthropic to be helpful, harmless, and honest, I do not make value judgments. My role is to accurately summarize information about this legal topic.
The document discusses the process of a lawsuit, beginning with a plaintiff filing a complaint against a defendant. It describes the defendant's options to respond by filing an answer, motions to dismiss, or demurrer. It also explains complications that can arise with multiple parties, claims, laws from different jurisdictions being applied, and the rare cases that reach trial. Most civil lawsuits are resolved before trial through settlement.
Be prepared and gain a deeper understanding of Arizona civil lawsuits with this simple to understand guide. An in depth explanation of civil lawsuits in Arizona, including the stages of a lawsuit, and common terminology.
The Kielich Law Firm provides a brief discussion of discovery devices used in Texas litigation such as car accidents, divorce, employment discrimination and other lawsuits in Texas courts and federal courts.
This document provides an overview of plea bargaining negotiation, including the roles of prosecutors and defense attorneys. It discusses the history and prevalence of plea bargaining in the U.S. criminal justice system. Prosecutors have significant discretion but also duties of justice, while defense attorneys must provide effective counsel to clients during negotiations. The document recommends defense attorneys understand the various forces at play and utilize negotiation techniques to obtain the best deals possible for their clients.
1. Probating a will in New York involves filing a petition with the Surrogate's Court that identifies the executor, provides the original will and death certificate, and notifies all legal heirs (distributees).
2. The executor must identify all distributees such as spouse, children, parents, siblings etc. and provide them notice of the will, either getting their signatures waiving rights or setting a court date for potential disputes.
3. If disputes arise, there is a process for pre-discovery including examining witnesses and attorneys, and potential discovery and trial if contestants challenge the will's validity or mental capacity of the deceased.
This document discusses hearsay evidence and exceptions to the hearsay rule. It begins by defining hearsay as out-of-court statements offered to prove the truth of the matter asserted. Hearsay is generally inadmissible due to issues with reliability. Exceptions allow certain hearsay statements, including dying declarations where the declarant is unavailable due to death. The document also discusses different forms of hearsay such as oral, written, and conduct, and exceptions like res gestae and statements of unavailable persons under Section 32 of the Evidence Act 1950. It concludes by mentioning the current issue of potentially abolishing the hearsay rule.
The document provides an overview of the Indian Evidence Act of 1872. Some key points:
- The Act governs the admissibility of evidence in Indian courts and was passed during British rule based on recommendations to standardize evidence rules.
- It divides evidence into oral, documentary, and material forms and covers the relevance of evidence in criminal trials. Relevant evidence must be related to the facts in issue in a case.
- The Act has been amended over time but its original framework remains. It establishes rules for evaluating different types of evidence and determining what evidence is admissible in court.
Gregory Zilch is charged with second-degree murder for shooting and killing Tavaris Mercer. Zilch's attorney analyzed whether self-defense could be claimed based on the facts of the case and Florida's Stand Your Ground law. The attorney concluded that Zilch has a strong chance of acquittal based on precedent that found George Zimmerman not guilty for similar actions claiming self-defense. The attorney believes Zilch can prove by a preponderance of evidence that he acted in self-defense and is therefore immune from prosecution under Stand Your Ground laws. A motion to dismiss will be filed based on these arguments.
This document discusses the history and purpose of the Malaysian Evidence Act 1950. It was modeled after the Indian Evidence Act of 1872, which codified English common law rules of evidence. The Act aims to regulate the presentation of facts in court proceedings to ensure justice and fair trials. It defines evidence as oral statements by witnesses and documentary evidence. Evidence must relate to facts in issue or other relevant facts as defined in the Act. Relevant facts are those that are logically connected or probative to matters requiring proof, subject to exclusionary rules like hearsay. The document also discusses types of evidence and the distinction between facts in issue in civil and criminal cases.
EVIDENCE LAW 1(12) judicial notice (pengiktirafan penghakiman)Hafizul Mukhlis
1. Judicial notice allows courts to accept facts that are either generally known or can be determined from authoritative sources without requiring evidence.
2. There are three forms of judicial notice - without inquiry for notorious facts, after inquiry where courts investigate sources, and by statute for facts legislated.
3. While courts can investigate sources, judges cannot rely on their personal knowledge and must decide cases based solely on admissible evidence presented.
Crawford v Washington involved the admittance of a wife's statement to police against her husband at his trial for stabbing a man. The Supreme Court overruled prior precedent that allowed out-of-court statements if reliable, finding this violated the Confrontation Clause. Two later companion cases provided more guidance, finding a 911 call describing ongoing events was nontestimonial but a signed affidavit of past events was testimonial. However, the Court has still not provided a comprehensive definition of "testimonial" and what types of statements implicate the Confrontation Clause.
Hearsay evidence refers to statements made out of court that are offered in court as evidence to prove the truth of what was stated. Hearsay evidence is generally inadmissible as evidence because it is not direct evidence and the person who made the original statement cannot be cross-examined. However, hearsay may be allowed if it is not being used to prove the truth of the matter asserted, but rather to show that something was said. The document discusses the definition of hearsay evidence, reasons why it is generally excluded, and examples of cases where hearsay evidence was either admitted or excluded from trials.
The document provides an introduction to Indian law of evidence. It discusses how there was no systematic enactment initially and the English rules of evidence were followed in some areas. The first Indian Evidence Act was passed in 1835. The current Indian Evidence Act was drafted by Stephen and passed in 1872, being based on English law of evidence. It discusses different types of evidence like oral, documentary, real, hearsay etc. It also discusses key concepts like direct evidence, judicial evidence and rules regarding primary and secondary evidence.
This document summarizes a Supreme Court case report regarding interrogation procedures and the right to remain silent. It discusses how the Supreme Court ruled that confessions obtained without informing suspects of their rights cannot be used against them in court. The Court also said interrogation must cease if the suspect requests a lawyer. The case led to new safeguards being put in place around police questioning of suspects to protect their Fifth Amendment right against self-incrimination.
This document summarizes key provisions from the Indian Evidence Act relating to relevance of evidence and admissibility of confessions. It discusses how evidence may only be given for facts in issue or relevant facts. It explains the doctrine of res gestae and how facts forming part of the same transaction are relevant. It also discusses relevance of facts relating to motive, preparation, conduct and opportunity. Provisions around admissions and confessions are summarized, including the difference between judicial and extra-judicial confessions.
This document provides background on the void-for-vagueness doctrine, prosecutorial discretion, and equal protection as they relate to a recent Ohio Supreme Court case, In re D.B. It discusses that laws can be unconstitutionally vague if they fail to provide clear guidelines to allow ordinary people to understand what conduct is prohibited or if they authorize arbitrary enforcement. Prosecutors have broad discretion in charging decisions as long as they are not based on impermissible classifications like race or religion. The document then analyzes In re D.B., finding that while the court correctly overturned the conviction on substantive due process grounds, it erred in also finding an equal protection violation, as prosecutors have discretion to charge similarly situated individuals differently.
The document discusses the rules and exceptions regarding hearsay evidence in a court of law. Hearsay is defined as an out-of-court statement offered to prove the truth of the matter asserted, and is generally not admissible as evidence. However, there are several exceptions where hearsay may be allowed, including present sense impressions, excited utterances, statements of then-existing mental or physical condition, and statements against interest. The document also discusses the rules around hearsay within hearsay, attacking the credibility of a declarant, and the definition of unavailability of a declarant.
The document is a law student's project on relevant facts under the Indian Evidence Act. It includes typical sections like certificates, declarations, acknowledgements and begins discussing the introduction to evidence law and chapter on relevancy of facts. The project will examine what constitutes relevant evidence and the distinction between legal admissibility and logical relevance.
The document summarizes the key participants and processes involved in a criminal trial in the US legal system. It describes the roles of the judge, court clerk, court reporter, lawyers, jury, and prosecutors and defense attorneys. It also outlines the jury selection process, rules around evidence and witness questioning, opening statements, and the purposes and processes of both prosecution and defense.
CHARLES DYER'S NOT GUILTY VERDICT FOR THE FEDERAL WEAPONS CHARGE! Deborah Swan
Charles Dyer was set up by a member of the ARM , American Resistance Movement, by giving him what appeared to be a grenade launcher. This type of weapon is legal for Charles to won do o his firearm military training. This is the case documents of his federal charge of having a stolen military weapon in his possession. Charles demanded a jury trial. The jury found Charles not guilty!
Welcome to Legal Research Writing and MootCourtNajahJacobs
I do not have a personal stance on this issue. As an AI assistant created by Anthropic to be helpful, harmless, and honest, I do not make value judgments. My role is to accurately summarize information about this legal topic.
The document discusses the process of a lawsuit, beginning with a plaintiff filing a complaint against a defendant. It describes the defendant's options to respond by filing an answer, motions to dismiss, or demurrer. It also explains complications that can arise with multiple parties, claims, laws from different jurisdictions being applied, and the rare cases that reach trial. Most civil lawsuits are resolved before trial through settlement.
Be prepared and gain a deeper understanding of Arizona civil lawsuits with this simple to understand guide. An in depth explanation of civil lawsuits in Arizona, including the stages of a lawsuit, and common terminology.
The Kielich Law Firm provides a brief discussion of discovery devices used in Texas litigation such as car accidents, divorce, employment discrimination and other lawsuits in Texas courts and federal courts.
This document provides an overview of plea bargaining negotiation, including the roles of prosecutors and defense attorneys. It discusses the history and prevalence of plea bargaining in the U.S. criminal justice system. Prosecutors have significant discretion but also duties of justice, while defense attorneys must provide effective counsel to clients during negotiations. The document recommends defense attorneys understand the various forces at play and utilize negotiation techniques to obtain the best deals possible for their clients.
1. Probating a will in New York involves filing a petition with the Surrogate's Court that identifies the executor, provides the original will and death certificate, and notifies all legal heirs (distributees).
2. The executor must identify all distributees such as spouse, children, parents, siblings etc. and provide them notice of the will, either getting their signatures waiving rights or setting a court date for potential disputes.
3. If disputes arise, there is a process for pre-discovery including examining witnesses and attorneys, and potential discovery and trial if contestants challenge the will's validity or mental capacity of the deceased.
The document compares criminal procedures in US federal courts and at the International Criminal Court (ICC). Both systems have similar stages in the criminal process including investigation, application for an arrest warrant from a judicial body, arrest, initial detention hearing, and formal charges. However, the ICC relies on state parties for arrests while the US uses law enforcement. The ICC also does not have jury trials like the US. Overall, both systems aim to protect defendants' rights during criminal proceedings.
The document provides an overview of a class on covering courts, including tips for writing about and reporting on various aspects of the legal system and court proceedings. It discusses different types of courts at the federal, state, and local levels and their roles and jurisdictions. It also outlines various stages of the legal process like arraignments, pretrial motions, plea bargaining, and trials. Students are encouraged to thoroughly research cases and verify information from multiple sources.
The document discusses various topics related to witness preparation by lawyers. It notes that witness preparation is not directly regulated and there is little case law or scholarly literature on the topic. While lawyers have a duty to zealously represent clients, they cannot knowingly assist witnesses to testify falsely or commit perjury. The document discusses challenges around distinguishing proper witness preparation from improper coaching. It also discusses techniques used in witness preparation like "the lecture" and debates around simultaneous witness interviews. Overall, the document examines the ethical boundaries and gray areas of lawyers preparing witnesses for testimony or deposition.
This document discusses divorce law and the divorce process. It covers several topics:
1. The history and evolution of divorce laws, moving from fault-based to no-fault systems.
2. The formal legal procedures involved in a divorce, including filing petitions, temporary orders, discovery, mediation, and bifurcated divorces.
3. Common responses to divorce petitions, defenses, the purpose of complaints, serving parties, and temporary motions that can be filed during litigation.
4. Formal and informal methods of discovery such as interrogatories, depositions, and requests for documents. Strengths and weaknesses of each method are discussed.
5. Financial disclosures, concealing assets during divorce
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BBA 3210, Business Law 1 Course Learning Outcomes for.docxaryan532920
BBA 3210, Business Law 1
Course Learning Outcomes for Unit I
Upon completion of this unit, students should be able to:
4. Demonstrate research skills using all modalities available for legal issues.
4.1 Identify the various forms of alternative dispute resolution (ADR).
Reading Assignment
Chapter 1:
An Introduction to the Fundamentals of Dynamic Business Law
Chapter 3:
The U.S. Legal System and Alternative Dispute Resolution
Unit Lesson
Introduction to Business Law
Law—a brief definition: Business law is defined law as “the enforceable rules of conduct that govern the
actions of buyers and sellers in market exchanges” (Kubasek, Browne, Herron, Dhooge, & Barkacs, 2016,
p. 3). Business law intersects with the six functional areas of business. These include corporate management,
production and transportation, marketing, research and development, accounting and finance, and human
resource management. These are the core activities in business, and the law plays a significant role in all
(Kubasek et al., 2016).
Law is dynamic, and in some senses, it is a living thing. This core concept requires understanding of the
origins of law. Law embodies fundamental rules of behavior and the institutions of defining, changing,
clarifying, refining, redefining, and applying these rules. It is the natural consequence of humans living and
working together. For an ordered society to exist, there has to be a way to resolve the inevitable disputes that
come up. Law can be seen as the activity of subjecting human conduct to the governance of rules. Business
law encompasses the rules of conduct for commercial relationships.
What are the roots of law? At some point in your upbringing, you learned the difference between right and
wrong. Your home life and the experiences you had in school, church, and/or in the larger community all
impacted your viewpoint on right and wrong.
One way to classify law is private versus public law. Private law is for resolution of disputes between private
individuals or groups, whereas public law addresses disputes between private individuals or groups and their
government. Both private and public law are significant for business law.
Another classification is civil versus criminal law. Civil law governs the rights and responsibilities either
between persons or between persons and their government. Criminal law is the body of laws that involves the
rights and responsibilities an individual has with respect to the public as a whole. A clear example of the
dichotomy was displayed in the O.J. Simpson trial—O.J. was found not guilty in his criminal case for the
murders of Nicole Brown Simpson and Ronald Goldman, but he was found to be legally responsible for their
deaths in his civil case.
UNIT I STUDY GUIDE
The Nature of Law, Judicial Process,
and Alternative Dispute Resolution
BBA 3210, Business Law 2
UNIT x STUDY GUIDE
Title
Law evolves. It predates reco ...
BUSI 561Case Presentation InstructionsYou will complete one Ca.docxhumphrieskalyn
BUSI 561
Case Presentation Instructions
You will complete one Case Presentation during the course, based on cases that have been summarized in the book. You should go to LexisNexis and read the complete case, which will give you more details of both parties’ positions, as well as links to related law. Decide between you and your “opposing counsel” who will represent which party, and then present your position to the class.
Your presentation should follow the general IRAC or Law + Facts = Conclusion analysis format we discussed in the first class. Include:
· What court are you in and how did you get there? (almost all of the cases we discuss are decided by an appeals court, but were initially heard at a trial level court – explain that path for your case)
· I = What is the major issue related to this chapter that is examined in this case? Note: most cases decide more than one issue. Focus on/analyze only the issue(s) related to the chapters we are reading this week.
· R = What is the relevant law? Is it a statute? Regulation? Federal or state? Is it case precedent? Some combination (case precedent interpreting a statute)?
· What are the key facts, i.e., the “legally relevant facts” needed to meet the elements of the law? What facts best support your position?
· AC = Apply the law to the facts in a way that reaches a conclusion that would decide the case for your position. That necessarily means that one of you will be arguing for an outcome that the court did not hold; explain that position well enough for the class to discuss.
· How would your position be fair and equitable? How may it move the law forward and provide a new or better rule? These are what we call “policy” arguments – not directly related to the law, but additional arguments for the court and society to consider.
· How does your position comport with a Biblical worldview?
There is no time limit (minimum or maximum), but I will budget about half an hour for the case (both presentations plus class discussion). You may present your case in any way that helps the class understand your position.
Each case presentation is worth 100 points:
Completeness
75
Analysis
25
Total
100
Case Presentation Score
Your presentation should follow the general IRAC or Law + Facts = Conclusion analysis format we discussed in the first class. Include:
What court are you in and how did you get there? (almost all of the cases we discuss are decided by an appeals court, but were initially heard at a trial level court – explain that path for your case)
Venue
What is the major issue in this case?
Issue
What is the relevant law? Is it a statute? Regulation? Federal or state? Is it case precedent? Some combination (case precedent interpreting a statute)?
Rule of law
What are the key facts, i.e., the “legally relevant facts” needed to meet the elements of the law? What facts best support your position?
Facts
Apply the law to the facts in a way that decides the case for you ...
Civil attorneys must follow ethical etiquette when preparing for and engaging in trials. They are prohibited from discussing issues related to the litigation with opposing parties who are represented by counsel without consent. This prevents attorneys from disrupting the client-attorney relationship to gain an advantage. Attorneys can discuss unrelated issues and must avoid giving legal advice to unrepresented parties. When preparing witnesses, attorneys can help them anticipate questions but should not encourage false testimony or overcoach to the point of losing credibility.
Chapter 5 Changes In The Culture Of Divorce Divorce.pdfstudywriters
This document discusses various topics related to divorce law and procedures. It begins by outlining changes in divorce culture from fault-based to no-fault systems. It then covers legal approaches to divorce, including preparing documents, mediation, bifurcated divorce. Discovery methods like interrogatories and depositions are examined, along with their strengths and weaknesses. The role of temporary orders, motions, and separation agreements in divorce proceedings are described. Finally, the document discusses financial statements, concealing assets, and discovery methods like requests for admissions and e-discovery.
07052015 when the empirical base crumbles- the myth that open dependency proc...screaminc
The document summarizes issues with two empirical studies used to justify opening child dependency court proceedings to the public.
1) The researcher who designed the influential Minnesota study admitted the study had significant methodological flaws, including an advisory committee prohibiting interviews of abused children and their parents due to risk of harm, despite allowing children to testify in open court. No psychologists were consulted on potential harm to children either.
2) Recent testimony from the researcher revealed other flaws, like only investigating "extraordinary harm" without defining the term, potentially underestimating trauma. Government agencies selecting who to survey also introduced bias.
3) The studies are increasingly being challenged and may not reliably show that open proceedings do not psychologically damage
Certori of lower court example of format bring rissler petitionedscreaminc
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
The document summarizes child welfare initiatives in Georgia, including:
1) Efforts by the Georgia Court Improvement Project (CIP) to improve legal representation through standards for parent and child attorneys, legal trainings, and a method for quality assurance.
2) Data collection on safety and permanency measures by the CIP and publishing the data online.
3) CIP projects like summits around the state, a "Cold Case Project" reviewing long-term foster care cases, and a legal training academy for attorneys.
4) Collaboration between the CIP and state agency on issues like improving permanency and addressing barriers to achieving permanency.
Juvenile justice delinquency prevention and treatment programs rfp (3)screaminc
The Criminal Justice Coordinating Council is seeking applications from county commissions in Georgia for up to $100,000 in funding to support juvenile justice delinquency prevention and treatment programs from December 2014 to August 2015. Eligible applicants must serve youth involved in the juvenile court system and implement evidence-based programs to reduce recidivism and prevent deeper system involvement. Applications are due by November 7, 2014.
The document discusses the use of requests to admit in civil discovery under Section 9-11-36 of the Georgia Code. Requests to admit involve asking the other party to admit or deny statements of fact or opinions to help prove a point in the case. If a party denies a request but cannot support their denial, the requesting party can file a motion and the court may order the matter admitted or require an amended answer. A party can also recover expenses including attorney's fees if they prove the matter denied in a request. Admissions are conclusively established unless withdrawn or amended by the court, which requires showing such change will help the merits and not prejudice the requesting party.
Motion for new trial -clu 12-19_14_no_51_14screaminc
This document provides a summary of case law updates from the week ending December 19, 2014 from the Prosecuting Attorneys’ Council of Georgia. It discusses cases related to motions for new trial, juvenile probation revocation, search and seizure/implied consent, forfeiture by wrongdoing, and jurisdiction/supersedeas. The document provides brief summaries of the facts, issues, and holdings of each case.
This brief was submitted by the Georgia First Amendment Foundation as an amicus curiae in support of reversing the lower court's ruling. It argues that (1) personnel records, like Deputy Glisson's file, must be disclosed under the open records act and are not exempt just because they relate to a pending investigation, and (2) 911 tapes should be treated like initial police reports which are disclosable regardless of any investigation under the law. The brief provides background on the case, outlines the legal arguments, and urges the Supreme Court to reverse to ensure transparency as intended by the open records act.
This document provides tips and procedures for appealing deprivations and terminations of parental rights. It discusses the importance of preserving the trial record for appeal purposes. It outlines five tips for a clean trial record including pre-trial motions, clear objections, proffering excluded evidence, preserving miscellaneous issues, and reviewing the final order. The document then discusses filing a motion for a new trial within time limits and possible grounds. It provides an overview of the appeal process for deprivations and terminations, including requirements for briefs and case law that may be helpful.
This document is a bill being considered by the Georgia legislature to reform the state's juvenile justice system. It proposes substantial revisions to Title 15 of Georgia law relating to juvenile court proceedings. The bill aims to modernize provisions around dependency, delinquency, and children in need of services cases. It seeks to protect communities, impose accountability, provide treatment and rehabilitation, and equip juvenile offenders to live responsibly. If passed, the bill would enact comprehensive juvenile justice reforms recommended by the governor's council.
The document discusses adolescent brain development and its implications for foster youth transitioning to adulthood. It notes that adolescence is a critical period for brain growth, especially in areas related to decision making and impulse control. During this time, youth can overcome past trauma and gain skills to become independent adults. Extended foster care can provide support during this critical time by allowing youth to practice adult skills with supportive adults, as children in intact families do. Keeping youth in foster care until age 21 better equips them for adulthood by capitalizing on the developmental opportunities in adolescence to recover from trauma and become self-sufficient.
This document provides tips and procedures for appealing deprivations and terminations of parental rights. It discusses the importance of preserving the trial record for appeal purposes. It outlines five tips for a clean trial record including pre-trial motions, clear objections, proffering excluded evidence, preserving miscellaneous issues, and reviewing the final order. The document then discusses filing a motion for a new trial within time limits and possible grounds. It provides an overview of the appeal process for deprivations and terminations, including requirements for briefs and case law that may be helpful.
This document contains the Uniform Rules for Juvenile Courts in the State of Georgia. It outlines rules related to court officers and personnel, court records, commencement of proceedings, filing petitions, discovery and motions, detention hearings, bond hearings, arraignment hearings, adjudicatory hearings, dispositional hearings, juvenile traffic offenses, and courts of inquiry. The document is divided into 15 sections covering various procedural and administrative aspects of juvenile courts in Georgia.
This Supreme Court of Georgia case involves Veasa Bun appealing his convictions of malice murder and other crimes in connection with the shooting death of a sheriff's deputy. Bun received a sentence of life without parole plus 70 additional years. He argued this sentence constituted cruel and unusual punishment as a juvenile. The court affirmed the sentence, finding the evidence supported the convictions and precedent has established that life without parole sentences for juveniles can be constitutional. The court also rejected Bun's claim of ineffective assistance of counsel.
This document outlines the procedures and legal standards for deprivation proceedings in juvenile court in Georgia. It discusses pleading requirements, service of petitions, parties to the proceedings, appointment of guardians, the right to counsel, recordation requirements, preliminary protective custody, detention hearings, adjudicatory hearings, and the clear and convincing evidence standard required to prove deprivation.
How to file motion for new trial 07142015screaminc
This document provides information about the Office of Behavioral Health Services (OBHS) within the Georgia Department of Juvenile Justice. The OBHS manages behavioral health services for youth in DJJ facilities. Within 2 hours of admission, all youth receive screening for mental health issues, substance abuse, and suicide risk. Approximately 43% of screened youth are referred for further mental health assessment. The OBHS provides treatment including individual and group counseling, medication management, and family counseling to youth with identified needs. Evidence-based treatment models used include A New Freedom, The Seven Challenges, Trauma-Focused Cognitive Behavioral Therapy, and Collaborative Assessment and Management of Suicidality.
Narcissistic personality disorder and the dsm–v --miller widigercampbell20101screaminc
The document discusses three issues regarding the classification of narcissistic personality disorder in the DSM-V: 1) whether NPD should be excluded from the DSM-V as proposed, given research supporting its clinical relevance and negative outcomes; 2) the need to assess both grandiose and vulnerable variants of narcissism; and 3) how to characterize narcissistic traits in a dimensional model. The authors argue that excluding NPD lacks justification compared to other retained disorders and that the proposal does not provide clear empirical support for its decisions.
Np v state_of_georgia_usa_statement_of_interestscreaminc
This document is a statement of interest filed by the United States in a lawsuit regarding the right to counsel for juveniles in delinquency proceedings in Georgia. The United States argues that juveniles have a constitutional right to meaningful legal representation, including an attorney with adequate resources and training to advocate for the juvenile's interests. The United States also asserts that courts must ensure any waiver of counsel by a juvenile is knowing, intelligent, and voluntary, which requires consultation with an attorney.
This document summarizes key changes between the DSM-IV and DSM-5 diagnostic criteria and classifications. Some notable changes include: renaming intellectual disability and removing subtypes of schizophrenia; adding social communication disorder and disruptive mood dysregulation disorder; modifying the criteria for autism spectrum disorder, bipolar disorder, and major depressive disorder; removing the bereavement exclusion for major depression; and consolidating language, social anxiety, and specific phobia criteria.
This document is a form for documenting open records requests. It collects information about the requester including their name, address, contact details. It documents the date the request was received, how it was delivered, and who is responding. It asks for details on the type of records requested, any exempt records, and dates for informing the requester of availability and providing records. It also collects statistics on the number of documents/pages provided, copies, staff hours to respond, and any issues fulfilling the request.
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Revised by Genessa Stout 1/6/09.
DEPOSITIONS
In this memo, you will see notes marked by arrows like this: . Each note will
tell you the court rule that supports the statement that comes before it. CR
stands for the Washington State Civil Court Rules, which govern civil legal
procedure for the entire state. CrR stands for the Washington State Criminal
Court Rules, which govern the state’s criminal legal procedures. Your county
may also have local civil and criminal rules of procedure, which you should
check. Other notes refer to statutes (Revised Code of Washington – RCW)
and case law.
These notes will help you look up the relevant law, or to support your legal
arguments. The references to the law are up-to-date as of the date this memo is
published. The law sometimes changes before the memo can be updated.
See page 10 of this memo for websites where you can find court rules, statutes,
and case law.
What is a party?
A party is a person, corporation, or other legal entity that files a lawsuit (the
plaintiff or petitioner) or defends against a lawsuit (the defendant or
respondent).
What is a witness?
A witness is a person who testifies under oath at a deposition or at trial and
provides firsthand or expert testimony.
What is a deposition?
In the months before trial, all parties in a lawsuit try to establish the facts
central to the case, in a process known as “discovery”. Depositions are one
tool that may be used in the discovery process. A deposition is a face-to-face
session in which one party to the case asks questions of another party or
witness in order to discover all the facts, whether they are helpful or hurtful.
The person answering the questions is being “deposed” and is called the
“deponent”. Testimony given in a deposition is sworn under oath just like
testimony in a courtroom, and things said in a deposition may be used as
evidence in court under some circumstances.
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2. Copyright Legal Voice, Seattle, WA, 2009. Page 2
Revised by Genessa Stout 1/6/09.
Typically depositions take place at an attorney’s office or at some other mutually agreeable
location. Once the deposition begins the attorney for the opposing party asks the deponent
questions, and the deponent’s attorney will “defend” by objecting to certain questions and
instructing the deponent when to answer or when not to answer. If you do not have an attorney,
you may ask the deponent questions; or, if you are the deponent, you may object to questions just
as an attorney would.
Generally, the opposing parties will not speak to one another. Attorneys for each party may
speak to one another about procedural matters (dates, deadlines, etc.). But usually an attorney
will only speak directly to an opposing party about the substance (facts) of a case during the
deposition testimony.
When you are acting as your own attorney, you may communicate with the opposing attorney
about any procedural matters. In addition to deposing the opposing party, you have a right to
depose third-party witnesses. If any opposing party is not represented by a lawyer, these rights
apply to him or her too.
CR’s 26-37 cover all types of discovery. CR 30 is the rule covering oral depositions and CR
32 covers how deposition testimony may be used in court.
How do I schedule a deposition?
Depositions are usually scheduled as soon as the complaint has been filed with the court or as
soon as the opposing party has been served.
In Washington State, whenever a deposition will be taken, the party taking the deposition must
give 5 days’1
notice of the deposition to every party to the action. The notice must be in writing
and must state the name and address of the person being deposed. The notice also must state the
time and place of the deposition and the general type of information that will be addressed. You
can mail the notice to the parties or deliver it by any method that is reasonably likely to provide
actual notice of the deposition to everyone who is a party to the case. If you mail notice to the
opposing party you should probably do so by registered mail so you can prove you provided
notice.
Even though you are only required to give 5 days’ notice of a deposition, it is customary to talk
to the deponent or their attorney to find a date that accommodates both schedules. If you are the
party being deposed and you are not available on the date of the deposition, be sure to let the
opposing side know immediately so your deposition can be rescheduled.
If the deponent is a party to the litigation, then the notice of the deposition is all that you need to
require your deponent to appear. But if you would like to depose a person who is not a party to
the litigation, you must use a subpoena to require his or her appearance. If you are representing
yourself and you want to subpoena someone for a deposition, you must have a judge sign your
subpoena before it can be sent out. The Northwest Justice Project packet “How to Subpoena
1
The 5 days do not include the day notice is actually served. The 5 days also do not include
Saturday, Sunday, and holidays. CR 30(b)(1).
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Witnesses and Documents” at www.washingtonlawhelp.org has information and forms that you
can use.
CR 45 covers subpoenas for depositions and the requirements for service.
What if the person I want to depose refuses to come to a deposition?
If the deponent refuses to come to the deposition and has no reasonable excuse, you may bring a
motion for contempt of court. It is important for you to keep the original subpoena and to have
proof the subpoena was served on the deponent in case this happens.
CR 37 explains the different sanctions a court may use to punish parties or attorneys who fail
to cooperate in discovery.
What if I want the person to bring documents to the deposition?
It is likely that you may want the deponent to bring certain documents to the deposition so they
can be questioned about the contents. If you are deposing a party to the case, you can include a
document request when you provide the notice of the deposition. CR 34 provides the guidelines
for these requests. But if you are deposing a third-party witness, you must also use a subpoena
to compel the deponent to bring these documents. CR 45 provides the rules for these subpoenas.
CR 34 covers requests for documents. Depositions which include requests for documents are
covered by this rule and by CR 45.
Who will be at the deposition?
People who will be present at the deposition are: the deponent, the parties to the action (one
party may also be the deponent), the parties’ attorneys, and the court reporter. If you want
someone else to be present, you will need the consent of the opposing party.
What happens at a deposition?
The deposition will begin with every person present identifying themselves so the court reporter
can record this information. The court reporter will ask the deponent to swear under oath that
everything he or she says will be true. The attorney (or party, if unrepresented) who issued the
subpoena will then begin to ask the deponent questions.
The court reporter’s role at the deposition is to transcribe the conversation between the
questioning attorney (or party) and the deponent. Everything the court reporter transcribes is “on
the record” and may be used as evidence. During the deposition it may be necessary to “go off
the record” or to take a break. “Going off the record” simply means that the court reporter is no
longer transcribing the conversation. Discussion that occurs off the record is not actual
testimony and is not admissible in court or for any other evidentiary purpose.
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Does the deponent have to answer all the questions?
Any information that is even slightly related to the case is fair game for questioning. For
example, questions may include, the deponent’s knowledge about the facts of the case, relevant
events the deponent has witnessed, the identities of other witnesses or parties, the content or
location of documents or evidence, or the deponent’s personal or professional background. The
deponent is required to answer the questions truthfully unless the deponent has an objection to
the question under the Rules of Evidence. Sometimes even if the objection to the question is
valid the deponent must still answer the question. But because the objection is written in the
transcript of the deposition the objection can again be raised at trial.
Unrepresented deponents may object to questions just as an attorney would. If you are
representing yourself you should „object to the form‟ of questions that are ambiguous,
compound, confusing, argumentative, or call for speculation. These questions could cause you
to make a statement you do not intend to make. It is better to require your opponent to ask a
clear, narrow question in order to avoid making misstatements. You can ask the opposing
party’s attorney to rephrase the question..
Additionally, unrepresented persons should object to questions that require discussion of
privileged material. Privileged communication includes conversations between spouses,
between lawyers and clients (including lawyers’ advice), between doctors and patients, or
between victims and sexual assault and domestic violence advocates, as well as confessions
made to clergy or priests. The deponent should not answer questions that disclose privileged
information.
R. C. W. 5.60.060 sets out a complete list of privileged communications.
Courts recognize a right to privacy, which may mean that information about sexuality, health,
or private religious beliefs is also privileged. The laws on privacy rights are not clear-cut,
however, so some of these matters may be fair game in a deposition depending on the type of
lawsuit involved. Courts are careful to protect the privacy of witnesses who are not parties in the
case. If you must reveal private or privileged information in a deposition you can ask that the
court issue a protective order to prevent that information from being available to the public.
Protective orders may also limit the scope of the questions so that only very specific information
can be about privileged topics.
CR 26(c) explains the different types of protective orders that are available in a civil action.
You are allowed to object to questions if they are improper and meant only to embarrass or
annoy you. You must say that you object and why. The deposing party will have to explain how
the question is related to the case. If the two sides cannot agree on whether the question is
acceptable, the parties can ask their judge or arbitrator to resolve the question. Usually, the
deposition will stop until agreement is reached or the judge makes a decision.
CR 30(d) explains the procedure for making a motion to limit or terminate the deposition if
the deposition is being used to harass, annoy, or embarrass the deponent.
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What happens after the deposition?
After the deposition, the court reporter will create a written record of everything that was said.
This written record can be used as evidence in the case and that means a judge or jury may read
what was said at the deposition. This transcript will be given to the deponent to read and the
deponent may make corrections to the transcript. Once any corrections are made, the witness
signs the transcript and both the original and corrected versions of the transcript will be available
to be used as evidence in any future court actions.
The parties must pay the court reporter for a copy of the transcript.
At the trial, the deposition transcript may be used to “impeach” a witness. If a witness gives an
answer at trial that is different from the answer that he or she gave at the deposition, the
deposition may be quoted to try to show that the witness is lying.
Are depositions in criminal cases different?
Depositions in criminal matters follow the rules for civil depositions, but there are some different
rules also.
If you are a witness or a victim in a criminal case, and if you will not be available to testify at
the trial or if you refuse to discuss the case with either the prosecuting attorney or the
defendant‟s attorney, that attorney can ask the court for an order requiring that you be deposed,
and that you bring specific books, papers, or objects to the deposition. The attorney must show
that your testimony is “material” and that it is necessary to take your deposition to prevent a
failure of justice. The judge has discretion in deciding whether to grant such an order. The judge
may put conditions on the order or deny such a request if there is a substantial risk that the
disclosures you are asked to make may subject you to physical harm, intimidation, bribery,
economic reprisals or unnecessary annoyance or embarrassment -- provided that the negative
effect of such a result outweighs the usefulness your disclosure would have for the defendant. If
you object to being deposed, you can make a motion asking the court for a protective order that
restricts or puts off your deposition. If you are deposed, and object to some of the answers you
have given becoming a public record due to any of the risks identified above, you can ask the
court for an order taking certain material out of your deposition record.
Washington State Rules of Criminal Procedure cover standards for depositions in criminal
cases in CrR (Criminal Rule) 4.6 and in the general rule on criminal discovery, CrR 4.7.
If you are a victim of domestic violence and are working with a domestic violence advocate,
communication with your advocate is confidential and may not be disclosed without your
consent. However, the advocate is permitted to disclose confidential communications if a failure
to disclose the information is likely to result in a clear, imminent risk of serious physical injury
or death to you or another individual.
R.C.W. 5.60.060 discusses privileged information with domestic violence advocates.
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If you are a rape victim, and you are being deposed in the criminal prosecution of your alleged
rapist, the court may be willing to prevent or limit questions about your past sexual behavior
such as your marital history, your divorce history, or your general reputation for sexual activity
or attitudes that are contrary to your community’s standards. If such limitations are not
contained in the order that requires you to be deposed, you can seek a court order before the
deposition. The defendant will be permitted to ask such questions only if he can show that they
are directly material to his case and that answering them will not subject you to the physical
harm, intimidation, or the other negative effects identified above. Courts are quite sensitive to
your privacy in such matters. Even if such questions are permitted in your deposition, you may
be able to get an order taking them out of the public record. Furthermore, even if such questions
are permitted in your deposition, they may be prohibited when you are examined at trial.
See CrR 4.6, CrR 4.7 and State v. Gonzales 110 Wn. 2d 738, 757 P.2d 925 (1988).
Victims of sexual assault have the right to have a support person that they choose accompany
them to proceedings about the alleged assault, including police and prosecutor interviews and
court proceedings.
See RCW 70.125.060
Tips for Answering Questions at a Deposition
1. Listen. Make sure you have heard the complete question and think carefully before
answering. Take your time before answering the questions. Do not allow yourself to be
pressured into answering before you are ready. If you do not understand the question, say
so, and ask that it be rephrased in a way that enables you to understand exactly what is
being asked of you.
2. Always tell the truth. This is the most important thing to remember in a deposition. Even
if you forget everything else, remember to tell the truth. All cases have good and bad sides
and your case is no different. You will not help your case by trying to hide the bad things.
In fact, trying to deceive the other side could hurt your case in the end. Your answers could
be used to impeach your testimony later and discredit you. If you are not truthful, you are
less likely to remember what you said at a deposition and when you have to tell your story
in court you may become confused about what you said at your deposition and make
mistakes in your story. The other side could use that to convince the judge that you are
lying and everything you say after that will not be taken seriously.
3. Answer out loud. Do not shake your head yes or no or use other gestures to answer
questions. The court reporter needs to create a complete record and cannot record answers
that are not spoken. Speak clearly and at a normal speed to make the job of the court
reporter easier. This will also help you to think carefully about your answers.
4. Answer only the question asked of you. Do not give more information than what is
asked for. You may want to give more information or explain an answer fully, but do not
do it unless you are asked! You may have some good facts on your side that will be
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Revised by Genessa Stout 1/6/09.
important to your case when you go to court. If you tell the other side all of those good
facts in a deposition they will be better prepared to argue against you in court. Of course,
you must answer the questions asked of you but listen very carefully and offer only what is
necessary to answer the question. Here’s an example of this strategy: if the attorney asks
you, “Do you have the time?” If you have a watch, only answer, “Yes,” not “Yes, it’s
3:00.” Wait for the attorney to follow up the first question with, “What time is it?”
5. Ask for a break if you need one. You can ask for a break at any time during the
deposition. You may be tired and need to rest, or you may need to think about how to
answer a difficult question. Usually, however, you will be expected to finish answering
the current question before taking a break. Any time the parties take a break they should
be sure to tell the court reporter that they are “off the record,” so that the court reporter
stops transcribing. When coming back from the break, the parties should be sure to tell the
court reporter to go back “on the record”.
6. Do not make jokes. Depositions can be tense, and you may be inclined to make a joke to
lessen the tension. But remember that your statement may not appear to be a joke in the
record. Also, jokes can be misunderstood and hurt your case.
CR 30(h) says that attorneys and parties should behave at depositions the same way they
would if they were in court. In part, this means that everyone should be polite and
respectful just as if a judge were present.
7. Beware of inaccurate assumptions in the questions. For example, an attorney might ask
a question like, “Were you married on January 1, the date on which you stole the money?”
It may be true that you married on January 1, but not true that you stole the money. You
will need to be very clear in your answer that the assumption you stole the money is
incorrect, but that you did marry on that date. This is a very simple and obvious example,
but usually such questions will be more complicated, so you should think carefully before
answering. Take your time in answering and don’t be afraid to ask the attorney to rephrase
the questions in a simpler manner.
8. If you do not know the answer, do not guess. If you do not know the answer simply
respond that you do not know or that you do not remember. If you do know the answer,
you must answer. But if you think you might know the answer, but you are not sure, give
the answer and also say that you are not sure your answer is correct.
9. Answer only based on what you personally know to be true. You might believe that
something someone else told you is true, but you do not know that for yourself. If you do
not personally know it is true, say you do not know. Do not offer your opinion that you
think it might be true.
10. Do not argue with the attorney or party asking you questions. Be calm and confident
even if the attorney is trying to upset you or push your buttons. The attorney is doing this
to try and figure out what kind of witness you will be in the courtroom. If you appear
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overly emotional, afraid, or angry, the other side may decide to get you to act badly in front
of the judge at trial.
11. Be careful answering questions that are answers in disguise. For example, you might
be asked, “Do you still have a drinking problem?” If you answer, “No,” your answer
implies that you did have a drinking problem in the past. Answer such questions very
carefully so that you are clear about the truth of your situation.
12. Never say never. Try not to use words like “never” and “always”. You may have
forgotten something and using absolutes may make it look like you lied.
13. It‟s OK to tell the other side that you prepared for the deposition. The attorney may
ask you if you looked at any documents to prepare for the deposition. If you did, the
attorney has the right to ask you for copies of those documents. Tell the attorney to follow
up with a subpoena to you requesting those documents. It is best not to bring anything
with you to the deposition, unless your subpoena requires you to do so. Otherwise the
other side is entitled to ask for copies of whatever you have with you.
14. Be prepared. Make sure you get plenty of rest prior to the deposition. Do not take any
medications that might make you sleepy or make it harder for you to think and answer
clearly.
15. Use simple answers. Keep your answers short and easy to understand. Give only as
much information as you need to answer the question truthfully. If the attorney deposing
you wants more information, make him or her ask for it.
16. Make no excuses. Even if the other side is being rude or sarcastic, keep calm and remain
polite and truthful.
17. Do not be too definite. If you are required to provide a list in answer to a question,
answer carefully. If you aren’t 100% sure that the list is complete, say there may be more
to add to the list at a later time, but that this is everything you remember at that time.
18. Be thorough. During the deposition you may recall additional information to a previous
question. It is a good idea to tell the questioning attorney this information as well, or to
clarify your earlier statement. It is important that you make sure that your deposition
cannot be used to discredit you.
19. Don‟t try and win the case at the deposition. If you reveal your strategy in the
deposition, it will only help the other side. Do not give in to the desire to tell your story.
Each side has an idea about the truth of what happened. For example, you might believe
that you agreed to pay the other party $10 an hour to do a variety of tasks, but now you and
the other party do not agree on what those tasks were. Do not give into the temptation to
prove to the other side all the details of the agreement. Answer only those questions about
the agreement that you are asked and be short and clear in your answers.
9. Copyright Legal Voice, Seattle, WA, 2009. Page 9
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20. Think carefully about the question. Know the difference between “know” and
“surmise.” An attorney might ask you what you surmise about a situation. To surmise
something is to make a guess, to infer from a set of facts, to make an assumption or to
speculate what might be true. Again, do not guess. Answer only what you know. If you
are asked to “surmise” something, say that you do not know.
21. Don‟t assume the other side is correct. If the other side gives you data or evidence to
prove a point, don’t accept that it is accurate or true unless you personally know it to be
true.
Resources
You can find state court rules (CR and CrR) here: http://www.courts.wa.gov/court_rules/ Click
on “Rules for Superior Courts.”
You can find state statutes (RCW) and case law (court decisions) here: http://www.legalwa.org/
“Privacy Information for Survivors of Sexual Assault” http://www.wcsap.org/legal/
“How to Subpoena Witnesses and Documents”
http://www.washingtonlawhelp.com Click on “More Legal Information” and
then “Representing Yourself – Additional Court Procedures
Current as of 1/6/09