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dkennedy
dkennedy, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6009
Experience:  Over 15 years experience
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Hi there; I have a friend who has a learning disability because

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Hi there; I have a friend who has a learning disability because of his severe ADHD. He is being deposed against 8 lawyers in a legal case where he is representing himself. He has a very hard time hearing verbal questions and needs them to be written down. Is there any protections for someone having this kind of disability to persuade the court to order that his questions be in written form?
Thanks

dkennedy :

Hello, Your friend should obtain a statement from his doctor/therapist or other competent medical or educational provider that will sign an affidavit about his deficits and to verify that it is a valid disability and then should file a Motion with the court to submit all discovery questions as Interrogatories (written questions). There may be a hearing on the matter, but if it is a valid disability the court will use its discretion to decide what accomodations must be used in his legal case. He should probably also contact the local Legal aid or Human right organization to find out if he can get any outside help with this matter. Often they have had other similar cases, such as people with hearing difficulties, mental problems, or other disabilities and have successfully presented the problem to the court for the proper accomodations. Please follow up with any questions.

Customer:

That is great information! He wanted to know if the disability merits it can he also request to be able to answer in writing?

Customer:

Also he wanted to know if he could request an appointed counselor for depositions via 28 U.S.C. § 1915(e)(1).? and also for the entire case since he's in forma pauperis?

Customer:

I guess you must be gone

Of course he could then answer in writing a well. Appointed counsel would not apply in a civil case under most circumstances, unless he is incarcerated.
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Customer: replied 3 years ago.

Thank you very much for your responses. Very good information!