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TexLaw, Attorney
Category: Personal Injury Law
Satisfied Customers: 4430
Experience:  Lead Personal Injury Trial Lawyer
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What should a despondent ( non- party witness, not represented

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What should a despondent ( non- party witness, not represented ) do if Defendant's counsel makes unseemly facial expressions, sticks tongue out etc.. During my testimony ? What rule does this violate and is there a sanction?
Submitted: 5 years ago.
Category: Personal Injury Law
Expert:  TexLaw replied 5 years ago.
If Defense counsel has acted unprofessionally as you have indicated, then this needs to be brought up to the judge. This would violate the standards of conduct in the Civil Remedies and Procedure Code as well as the Virginia Rules of Professional Conduct.

If you are a non-party, then you need to alert the Plaintiff's counsel to the Defense counsel's actions. As a non-party, you do not have standing to complain about Defense counsel's actions.

Any sort of sanction would likely be non-monetary and would be in the form of an instruction to the jury or a mistrial. Any sort of monetary award would be paid to the court or Plaintiff.

Please let me know if this answers your questions.

Best Regards,
Zachary D. Norris
Customer: replied 5 years ago.
My apologies for the autocorrect typos. This should have read "deponent." what sound one do if this occurs at deposition?
Expert:  TexLaw replied 5 years ago.
At a deposition, it's a bit different, but it needs to be the same way. The plaintiff's attorney needs to be notified and then can take it before the court. At a deposition, it is a less heinous action because it is not in open court or before a jury.

You can also contact the state bar association and file a complaint for unprofessional conduct.
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