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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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I am a plaintiff in a civil lawsuit, am I allowed to ask certain

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I am a plaintiff in a civil lawsuit, am I allowed to ask certain individuals that may have scheduling conflicts to do a deposition before the court date in front of a court reporter?
DearCustomer- You can take depositions but that will not be permitted to be used at trial unless the other side agrees to the depositions as a substitute for actual trial testimony and has an opportunity to cross examine the witnesses at the deposition. Otherwise the testimony of the depositions would be considered the same as hearsay due to the fact that the other side would have no opportunity to cross examine the witness/ So if you can get the defendant or the attorney to agree to the deposition in writing then you can use that method.
Customer: replied 3 years ago.

How do i arrange for the deposition? do i simply ask the defendants attorney?

I would contact the defendant's attorney and ask if he or she will agree to having depositions of your witnesses who cannot appear for trial and if the attorney would agree to submit the depositions in lieu of the witnesses' testimony at trial. If the attorney will not agree then you will have to ask the court for a continuance of the trial date to a time that is convenient for everyone to be able to appear. The attorney is not required to agree to the depositions for use at trial so you might as well find out in advance whether this will be agreeable before you spend the time or money on depositions.
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