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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3909
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Hello, I am looking for someone experienced in Depositions

Resolved Question:

Hello, I am looking for someone experienced in Depositions for Trial.

I am attempting to assist my father who is a plaintiff in a suit. The defendants are requesting that he attends a deposition. In the request it says that it will take deposition and the oral examination will continue from day to day until completed.

What are his rights within this request? Is he allowed to request the questions in writing a few days prior to this deposition?

Is he allowed to say that he can designate 3 hours the first day and will reschedule other time as needed after that initial depo?

Who can he bring with him into this deposition? He is Pro Se on this case and I am wondering about the laws of a deposition. Is someone he brings to assist allowed to object to certain questions?

If I go to assist am I allowed to ask them to reword questions or to stop answers when I think they need to stop?

Thank you so much for your opinions they help a lot...
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question. I will address each separately below:

1. What are his rights within this request?

A: He is required to attend the deposition and answer the questions posed to him under oath. He may have legal counsel in attendance with him. He is entitled to object to the questions pursuant to the Massachusetts Rules of Civil Procedure. See: http://www.mcle.org/includes/pdf/1920271B00_S.pdf

2. Is he allowed to request the questions in writing a few days prior to this deposition?

A: No

3. Is he allowed to say that he can designate 3 hours the first day and will reschedule other time as needed after that initial depo?

A: He is not entitled to this, although he can request this from opposing counsel. It is up to the lawyer on the other side whether to allow this or not.

4. Who can he bring with him into this deposition? He is Pro Se on this case and I am wondering about the laws of a deposition. Is someone he brings to assist allowed to object to certain questions?

A: No one may speak on his behalf unless that person is a lawyer. You can ask to attend, but the other side may object and prevent you from attending. If he is pro se, then he has to represent himself during the deposition.

5. If I go to assist am I allowed to ask them to reword questions or to stop answers when I think they need to stop?

A: No

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3909
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 17 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for that information. I will rate excellent. But I am just wondering my father has lost some of his mental sharpness in certain areas and actually the doctor has said he has mild cognative difficulties. The problem with him having a lawyer is that these people made side deals with a lawfirm he used to deal with and another attorney failed to file an answer to the judge in a timely manner, so therefore he lost on that situation. So, this is why he is Pro Se. Is it possible that I ask to be added to this suit ? we as a family have been very affected over the years by this situation, I am his daughter who is helping him wrap up some of these affairs, but he doesn't trust anyone on this... It's a case that is admitted to, there is only the matters of how much responsibility and for how long and how much they are responsible for in damages...so it won't be easy exactly but the case is laid out. My father is not capable at this time to walk it the rest of the way through, but it's been his battle for years and he has to see it through...?

Expert:  Zachary replied 1 year ago.
There is no right for a third party to be added to a lawsuit unless there is a legal reason for the intervention.

What is the lawsuit about specifically (i.e., why did your father sue and how does the claim concern you)?
Zachary, Attorney
Category: Legal
Satisfied Customers: 3909
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 17 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


It is a suit against the Town for allowing discharges of raw sewage to flood the back corner of his acres over and over and over after repeated letters telling him they would fix the problem and letters thanking him for moving the trees and clearing the road, but they continued. It originally happened when the sewer main was put across the back part of the property, installed above ground not below as designed, so it created a damn, then they flooded it and called it wetlands. Then the discharges occurred and they didn't repair the brook (as they had signed agreements with abutters to keep clear) and the overflows continued to an extreme... When it finally came to a halt was my father called the Dept of Environmental services and they came in and cracked down on the town. But plenty of documents.


 


How it effected my family: we had horses and we had to relocate them because the pasture became flooded. We lost the mare to our colt because of that move, she jumped a fence to get home and broke her equilibrium bone.


We no longer had access to that corner of our land and it began smelling. We were not allowed to play down in that area.


The town harassed the uses of the property and put my father out of business, it put pressure on my mother (with 5 girls) and she was a nurse, they eventually split as she relocated her daughters to florida.


My father repaired the damage with the dirt from a nearby Roadway being developed, saved the town tons of money from hauling the dirt and let them dump it on his property. The town came in and ordered it to be removed, my father went out with his shot gun all the bulldozers turned away and left the town manager standing there, but they eventually took the dirt back. so on and on, in fact my only deep conversations with my dad in my lifetime have had to do with what the town was doing to him now....


That will never be compensated to our family, my mother passed away a few years ago and the damage was done a long time ago...


but their are damages to the land and multiple ways this interfered with allowed uses and tenants were re-established on the land, only to have to move after a giant flooding episode with gross evidence of raw sewage... so, that it how it's been....


I just want to get this accomplished, it's part of what has ruined my Dad's mid life and now he's 78, tired and needs to just put this in his past ...


sorry for such a long post....

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