For mostly technological reasons, major life events from global meetings to face-time chats with friends across the land occur in more or less real time. The new mass of information is digital and not paper. The old days of putting the paper mortgage documents and financial statements in a single place—forever—are long gone. So are the days of digital information being kept in one place—except for the most vigilant.
This means that with any litigation, from a protective order to divorce, a ... Read More
12
Aug2015
28
Apr2015
In all forms of litigation, civil and criminal, depositions are a common form of “discovery.” Discovery is the process of obtaining information to prepare for trial. In a deposition, an attorney asks questions with the other attorney asking clarification questions to get an accurate answer. With a deposition, it is easy for a party to under- or over-answer questions.
When this or other improper answer occurs, the attorney will object, but the witness can answer unless his or her attorney instructs him not to do so; an example where a litigant ... Read More
08
Jul2014
Prior to a final hearing, discovery may be completed to allow the parties to gather information relevant to the pending matters. Discovery can be conducted in many forms, including written questions (interrogatories), requests for production of documents, depositions, third party discovery, and requests for admission.
The discovery process allows for several means of gathering information, and being able to request documents and information from opposing and third parties. Requests for admission are governed by Indiana Trial Rule 361. ... Read More
27
Mar2014
A deposition is a discovery tool, or a way that attorneys and litigants gather information that is relevant to the case. A deposition is just one of many options that attorneys utilize in gathering pertinent information to effectively prepare your case for settlement or trial. For example, during a divorce case, your spouse raises claims that he or she wants spousal maintenance (alimony), and you want to know why, or what their basis is. A deposition is an opportunity to ask ... Read More
24
Apr2012
Ciyou & Dixon, P.C. recently posted a blog on depositions and technology and what happens after a deposition is given. This blog focuses on some universals of the actual experience of a deposition–the general rules that are given by the deposing attorney to each deponent. They vary slightly from case to case.
However, if you face a deposition and understand these rules, it will go a long way to minimize the unknown and fear associated with it. And as always, ... Read More