Divorces can be complex matters, often times involving extensive discovery.1 One key to obtain information in divorces is by depositions. Depositions are unique in that they require you to actively participate with the attorneys. Depositions require a large amount of involvement on the part of the client, it is important to have a basic understanding of depositions and what to expect. In this blog, we provide five tips for a deposition in your divorce case. Tell the Truth. While it may seem like a cliché, the first tip for a divorce litigant going into a deposition is to tell the truth. To ...
July 29, 2020CD
Often you may hear of a criminal defendant getting his or her case dismissed, whether it be in “real life,” on the news, or in a television show or movie. You may wonder why it seems like some individuals accused of crimes “get off” when it seems like the odds are stacked against them while others, under seemingly similar circumstances, negotiate for a plea agreement that may include being incarcerated or go to a jury trial and ultimately get convicted. While there may be a variety of reasons for the differences in these hypothetical scenarios, one possible answer is the ...
May 8, 2019CD
In the companion blog, “Personal Injury: How Can I Succeed in a Personal Injury case?” we’ve already discussed the elements that a plaintiff, whether pre-suit or after filing a lawsuit, will have to establish in order to be successful in a personal injury claim under Indiana law. In that blog post, specifically, we discussed the legal elements that need to be shown: a duty, a breach of that duty, a causal relationship between the breach and the damages suffered, and damages. However, from a practical standpoint, one may wonder what happens, or what the process is, when they wish to ...
April 11, 2019CD
When you are a party in civil litigation (you are suing or being sued), it is common to receive a subpoena for your deposition. This means your opponent is on a “fishing expedition” to find out everything you know about the issues involved in the case. This process is done before a court reporter and you are asked all sorts of questions. Depositions are different than testimony at trial since the opposing counsel can ask a much broader scope of questions at a deposition if they might lead to admissible evidence.1 Keep in mind that your deposition testimony can significantly ...
October 3, 2018CD
Depositions are a way of gathering information about a case that actually involves your active participation with the attorneys. Most other forms of discovery are just through mail or electronic without both (or several) attorneys or a court reporter (who takes the deposition). A deposition is unique in nature because it allows questions to be asked of you and questions on responses that you cannot prepare for in advance. This blog covers five things you should know before you are deposed. Having this information in advance will allow you to provide more accurate or complete answers, advancing your case. Alternatively, it ...
February 8, 2018CD
Depositions of parties and third persons is common in litigation. In court a deposition may be used to impeach one’s credibility if they change their story or if they are unavailable for trial testimony. That said deponents sometimes do not know whether they should review their deposition and why. Generally, reviewing your deposition and having the chance to note mistakes is important. What should you look for? First, are all of the facts you relayed correctly stated in your deposition. Did you misunderstand a question or give an answer that is not recorded correctly in the deposition because, for instance, you had ...
June 18, 2015Adam Hayes