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You just found out your deposition's been noticed, and you want to know, what questions
can they ask me at my deposition?
Hi, I'm Frank Nunes.
I'm a California civil trial attorney practicing in the state of California.
Join me, as we discuss what questions can be asked at a deposition.
Well, first of all, a deposition is a question and answer session, usually done by the attorneys
for the parties to a lawsuit, and it doesn't necessarily have to be of a person who is
a party to the lawsuit, but it can also be someone who is a witness in the case.
Once the deposition begins, it's usually done under oath, taken in one of the attorneys'
conference rooms or a mutually agreed upon location.
The attorney will begin to ask you questions.
Now, what scope of questions can they ask you?
Well, the courts have held literally it can be as wide as a fishing expedition.
There's almost no limit to what they can ask you.
However, the questions they ask you have to be reasonably calculated to lead to the discovery
of admissible evidence of trial.
What's that mean?
Well, if you've got a case about injuries, they're not necessarily going to be asking
you a case about the size of your home, for example.
If you have a construction defect claim, they're not going to be asking you questions about
where you went to school, because it really has nothing to do with the type of case you're
involved in.
All questions must be answered, unless they are privileged.
Now, privilege generally includes something such as a confidential communication between
you and your attorney, and furtherance of that representation.
Example: The attorney is giving you legal advice on how to handle a case, or something
that is otherwise confidential.
If your medical information or your financial information is not at issue in the case, then
there are certain constitutional guarantees that preclude that information from having
to be disclosed.
When it's all said and done, the whole matter is placed into a booklet, and the questions
are all written out with the answers, and the attorneys sift through it and decide what
they will and will not use at trial.
You'd be amazed at how wide the fishing net is cast, but yet so little is actually taken
from it.
It's always a good idea to be prepared for your deposition, work with your attorney,
and do whatever you can to be prepared for almost any question that can be asked.
Well, that's it for today's video on what can be asked at a deposition.
By the way, if you found today's information helpful, subscribe to our YouTube channel.
Why?
So you can continue to get great new content like this every time we post another great
educational video.
If you have questions, I want you to pick up the phone and call me.
I can answer your questions.
I answer questions like this every day.
You can reach me at 559-436-0850.
I'm Frank Nunes, and thanks for watching.
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