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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
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Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I got an objection email from defendant attorney on my motion. My

Resolved Question:

I got an objection email from defendant attorney on my motion.
My questions are three:
1. When I had a Rule 30 deposition, there was no officer to preside the deposition. Is it o.k without an officer?
2. When I objected to his questions, he said that I am required to answer every and all questions that he propound to me. And if he feel the objections are not warranted, he will file a motion to compel and ask for at least 3,000 plus dollars in attorney's fee and costs. And I answered even his hypothetical questions for fear of monetary sanction. Is this legal deposition procedures?
3. He submitted part of favorable deposition for his defendant, not the favorable part to me. Can I present my part of deposition to Judge on a hearing date?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 1 year ago.
My questions are three:

1. When I had a Rule 30 deposition, there was no officer to preside the deposition. Is it o.k without an officer?

A: The court reporter is the officer. If there was a certified court reporter transcribing the deposition, then there was an officer present. If there was no court reporter, then the entire deposition is inadmissible hearsay.

2. When I objected to his questions, he said that I am required to answer every and all questions that he propound to me. And if he feel the objections are not warranted, he will file a motion to compel and ask for at least 3,000 plus dollars in attorney's fee and costs. And I answered even his hypothetical questions for fear of monetary sanction. Is this legal deposition procedures?

A: It is true that a question in a deposition is permitted if it is "reasonably calculated to lead to the discovery of admissible evidence." In other words, even if the question would be objectionable in court, if the question reasonably may lead to an admissible question, then the question must be answered.

The exception is for privilege (5th Amendment freedom from self-incrimination; attorney-client; physician-patient; mental health professional-client; priest-penitent; statements made during settlement negotiations -- and a host of other privileges).

Form objections may be made during the hearing (e.g., hearsay, character, argumentative, badgering, improper opinion, probative value is substantially outweighed by the risk of unfair prejudice, etc. ad nauseam). But, then the witness must answer -- the court will determine the admissibility of the evidence over objection at trial.

So, in general, the witness must answer nearly every question, unless privileged, or so absurd, that it couldn't possibly lead to discovery of any admissible evidence (e.g., Q: What color is your underwear? Objection: not reasonably calculated to lead to the discovery of admissible evidence).

3. He submitted part of favorable deposition for his defendant, not the favorable part to me. Can I present my part of deposition to Judge on a hearing date?

A: You can use whatever portion of the depo that you wish at trial, motion for summary judgment, or at any other motion hearing. And, you can use the depo at a hearing to rebut opposing counsel's claims.

Hope this helps.
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34147
Experience: Attorney and Real Estate Broker -- Retired (mostly)
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