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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 117375
Experience:  Attorney experienced in commercial litigation.
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Salut, Law Educator! Thank you for taking the time to review

Customer Question

Salut, Law Educator!Thank you for taking the time to review my query for educational purposes only.My query is this: In conducting a deposition, if one were to request from the deponent a definition or explain in regular terms technical terminology the deponent listed in their report--
1. would that be considered new information(even though it is just being restated in a non technical form)
2. would such action open the door to in cross to perhaps explore information outside the scope of what is being presented
If the response to either of the aforementioned issues is yes, would it be possible to provide the definitions myself during trial--to allow a better understanding for the jury? My intent is to provide sufficient information to validate the info provided by the treater--while keeping the door closed to the oppositions ability to obtain an expert based on presentation of new information.What would one consider the most efficient method to break down complicated terminology, while keeping the current "lack of expert" situation in place.Thank you
Submitted: 10 months ago.
Category: Consumer Protection Law
Customer: replied 10 months ago.
For Law Educator, Esq. ONLY
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
1) No it is not new information, the deponent's testimony is just that testimony under oath, no different than if they were testifying on the stand at trial.
2) On cross examination, the other party can ask anything about the testimony of the deponent. He would have testify about your injury and treatment and that would be something the defendant would want to question them about no matter what your line of questioning was and it is their right. So a definition would not be new information to open the door to anything, you need to get the doctor to testify about your condition and the definitions are part of that and not really new information.
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Customer: replied 10 months ago.
Muito obrigada, Law Educator!
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
Do not forget to leave positive feedback. Thanks.

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