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Ray
Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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I have a civil litigation case (it is actually a civil rights

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I have a civil litigation case (it is actually a civil rights case), and we are just beginning the litigation process: my lawyer is right now at work on the claim.

We are suing the police and DA's office, there is much information and evidence, and so the process could well end up being long and involved. I looked online and noticed all the different motions which may be filed by either side, the countermotions, and contests, and depositons, interrogatories, etc. Some of these motions end up to be hearings, with oral arguments made in a court setting. Meanwhile I live out of state. My question is...would I expect to have to be present at these hearings (I mean the ones that don't involve my personal testimony) or are those hearings for my lawyer to handle on his own? Would my lawyer even want me at such hearings, be it that I just sit in the bleachers and listen?

RayAnswers :

Thanks for your question and good evening.

Customer:

Hello

RayAnswers :

Your lawyer here may set these and have them heard without you being present.It is also possible that the judge might allow you to participate by telephone.Your lawyer can discuss that with the judge and file a motion if you need to participate or testify.

RayAnswers :

Your lawyer certainly can work to limit your need to attend and you may be able to participate by telephone.That would allow you to have personal involvment while keeping the travel hassles down.

Customer:

Okay.

Customer:

For example if the other side filed a motion to dismiss, and my lawyer contested and there was a hearing which ensued. Would my lawyer expect me to be there? Probably not I guess then, right?

Customer:

Could a deposition happen over the telephone?

RayAnswers :

Not unless you are needed to testify to the facts here.Otherwise no you would n ot have to attend.

Customer:

I see.

RayAnswers :

Here is sample motion for telephonic testimony.

RayAnswers :

You would not normally need to appear for such a motion and argument here.

RayAnswers :

Overall you discuss it with your lawyer and he should work to keep the travel down to the absolute necessity.

Customer:

I see. Okay, I'll take a look at that Pdf file (its loading up slow). I believe you've answered my question. Thank you.

RayAnswers :

You are so welcome, good luck here with the case.

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