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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 4021
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Can a pro se hire someone, a lawyer or non-lawyer, to conduct

Resolved Question:

Can a pro se hire someone, a lawyer or non-lawyer, to conduct a deposition of the other party?
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.


A pro se party can hire an attorney to enter the case for the limited purpose of conducting a deposition. However, a pro se party cannot hire a non-attorney to do this.

Please let me know if you have further questions on this issue.

Best Regard,
ZDN
Customer: replied 1 year ago.


If the deponent did not bring requested documents, what should I do/say at the depo?


 


If the deponent lies that s/he doesn't have the documents , can I file motion to force production after the depo?

Expert:  Zachary replied 1 year ago.
If you have sent a "subpoena duces tecum" to the deponent along with your notice of deposition, and the deponent does not bring the requested documents, you then must file a "Motion to Compel" and ask that the court force the deponent to comply. In the motion you can ask that the deponent be sanctioned for failure to bring the documents and ask that the court allow you to redepose the deponent (at the deponent's expense) on the questions you wanted to ask on the documents that the deponent did not bring with him/her.

As far as if the deponent lies about having the documents, there is nothing you can do if you cannot otherwise prove that the deponent has the documents. Thus, you need to design your questions so that the deponent admits that they have the documents before you inquire about whether or not they brought the documents with them. Further, you would want to bring any document or evidence that you have to prove that they should have the documents in question so that you can make it an exhibit to the deposition and ask the deponent questions about your documents.

Please let me know if you have further questions on this. Please also remember to rate my answer positively so that I might receive payment for my work from the website.

Thanks,
ZDN
Customer: replied 1 year ago.


Isn't a "subpoena duces tecum" applies to nonparty? I will be deposing the other party who is the plaintiff and whom I requested to produce documents.


 


Should I make it an exhibit on any documents (deponent's or mine) that I will question deponent with?


 


I will question plaintiff on some allegations in his Complaint, can I just read the allegations on the complaint without making it an exhibit?


 


What is the appropriate way to address myself in a question that involve me? Do I refer myself as first person or third person? For example, "When did you meet me?" or "When did you meet defendant?" or "When did you meet so-and-so?

Expert:  Zachary replied 1 year ago.
A subpoena duces tecum applies to third parties to instruct them to produce documents, or to any witness whom you need to produce documents at a deposition.

It is best to make every document which you ask questions about in a deposition an exhibit.

While you can read from the Complaint and ask questions without making it an exhibit, you might as well make it an exhibit so that there is no confusion later on as to which complaint you were asking questions about.

In regard to which way to address yourself in your question, just refer to yourself as "me". Try to avoid artificiality in your questions.

-ZDN
Customer: replied 1 year ago.


I don't understand what you mean by 'to avoid artificiality in your questions'. Can you give an example of aritificiality.

Expert:  Zachary replied 1 year ago.

I mean don't try to speak in legalese. Just use plain English and speak the way you would in an normal conversation. For someone not practiced in depositions, using legal terminology will likely trip you up. So for example, when you are referring to yourself, say "me" instead of "defendant".

Please rate my answer positively so I might be paid for my work by the website. Rating my answer does not prevent us from continuing our conversation here.

 

-ZDN

 

 

 

 

Zachary, Attorney
Category: Legal
Satisfied Customers: 4021
Experience: Lead trial/International commercial attorney licensed 11 yrs
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