In the case of a deposition, since it must be requested through the issuance of a subpoena, choosing to not give testimony when formally requested may result in punishment for contempt of court, under the provision of Rule CR In some cases, the court may order that the party that did not attend the deposition cannot introduce certain matters in evidence, or might even render judgment by default against the disobedient party.
Other penalties may also exist, so talk to your attorney before you decide to refuse a deposition. Washington law does provide certain circumstances in which a deponent is able to avoid a deposition.
Pursuant to Rule CR 26, a court may issue a protective order for a deponent to prevent the deposition or discovery process from occurring. This protection will only be offered if a deponent makes a specific motion for the order, and if good cause is shown that the order would protect the deponent from embarrassment, oppression, annoyance, or undue burden or expense.
In some cases, the court may order that the deposition occur under certain terms and conditions, or may make other specifications instead of ordering the deposition not occur.
While an opposing attorney may ask you deposition questions about your finances , assets , and your child care arrangements, they may also attempt to ask questions that are embarrassing for you to answer. In some cases, the attorney will be trying to evoke a response from you or get sympathy for his client—in others, the line of questioning may be deemed relevant to the case. You should always answer a question if the answer could have a bearing on the outcome of the case.
There are lines of questioning that are considered personal or protected, and you do not have to answer in most cases. These can include:. Take some breaks throughout the deposition period. These events can take a while, and taking a break can give you time to compose yourself and be ready for the next questions.
They are there to beat you. Do not joke with the other attorney, and do not make small talk with them. If you are asked anything you do not understand, take some time and ask for clarification if necessary.
You can ask the attorney to repeat their question or explain it before you answer. Lie There is no way to stress this too much. Guess or speculate Do not try to guess or speculate on information that you are not sure about.
Engage in casual conversations with the court reporter or other people present Humans are social beings, and it can be natural to want to engage in conversation with other people present at the deposition. Volunteer unnecessary information Depositions often take a long time. Deponents should ensure they do not offer up information beyond the scope of the question. A calm and cool demeanor will also help make the deposition go more smoothly and quickly. If at any point during the deposition you have questions or are unclear about an answer you are always free to ask.
As with other legal proceeding, deponents should not hesitate to contact a lawyer to protect both their rights in the event they are called to testify. This article looks at depositions. What is a Deposition A deposition is the sworn under oath testimony of a witness in a legal proceeding. While it would be unwise to completely ignore the deposition request, some factors should be considered that include:.
These answers will be on a person-by-person and case-by-case basis. You should use any legal resources at your disposal as well as common sense before taking any action on a simple deposition request.
The consequences will always differ depending on how directly involved you were with the incident leading to the deposition. It will also hinge on whether you are being legally compelled to attend a deposition. The only certain course of action to take is to review all the documents you receive thoroughly and consult legal counsel if you need help interpreting them in order to avoid any potential legal, economic, or social fallout.
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