Note of Issue - New York Supreme Court

[melsdutchworld]

At the very minimum. Expect all sorts of gamesmanship, as no attorney will expect you to actually know the rules governing depositions. Here's the trick - there are none. There is a (relatively) recent change in the rules which says that if there is an objection, the procedure is to say "objection" and the witness has to answer. Gone are the days of blocking questions, or making speaking objections (where you make some long winded objection to tip off the witness what to look out for).

Read & learn these rules: Rules

Also take the phone number to the judge's part in case they give you trouble at the dep. (Nothing works better than calling the judge for a ruling when you're right and the other side doesn't know the rules ).

Awesome information. Thank You.

 

[You Are Guilty]

Awesome information. Thank You.

Welcome. Enjoy the snow.

 

[melsdutchworld]

Welcome. Enjoy the snow.

YAG- Deposition day fast approaching. How do i swear the defendant in ? Is there any magic language or do I just start asking questions ?

thanks in advance

 

[You Are Guilty]

YAG- Deposition day fast approaching. How do i swear the defendant in ? Is there any magic language or do I just start asking questions ?

I like to use

Heeft u toegeven dat schuldgevoel?

(Which, according to google translate, is "do you admit you are guilty" in Dutch.)

In all seriousness, it's actually done by the court reporter. Technically, it can be done by any notary, but all court reporters are also notaries, so you only need one person.

There are tons of good books on deposition technique and strategy, and not so much free on the internet. With that caveat, see:
http://www.newyorkinjurycasesblog.com/2009/02/articles/faqs-depositions/what-is-a-deposition-and-how-do-i-prepare-for-mine/

http://www.legalunderground.com/2006/09/legal_undergrou.html


And for specific types of cases:

http://knol.google.com/k/*****-oginski/15-key-deposition-techniques-in-a-new/2kftpdjgou6k8/8#

http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.cfm

http://www.depo.com/E-letters/TheDiscoveryUpdate/2008/September/Articles/15_depo_medical.html

http://www.populararticles.com/article27396.html

 

[melsdutchworld]

I like to use

(Which, according to google translate, is "do you admit you are guilty" in Dutch.)

In all seriousness, it's actually done by the court reporter. Technically, it can be done by any notary, but all court reporters are also notaries, so you only need one person.

There are tons of good books on deposition technique and strategy, and not so much free on the internet. With that caveat, see:
What is a deposition and how do I prepare for mine? : New York Injury Cases Blog

Beyond the Underground:


And for specific types of cases:

15 Key Deposition Techniques in a New York Medical Malpractice Case - a knol by Gerry Oginski

NEW YORK CAR ACCIDENTS- 12 Key Deposition Techniques in a Car Accident Case | The Law Office Of Gerald Oginski, LLC

15 Deposition Techniques - Atkinson-Baker Court Reporters

15 Key Deposition Techniques In A Medical Malpractice Case

You are awesome. thank you

 

[melsdutchworld]

After the deposition is completed, how does an attorney enter the transcript into the record ? Does he selectively extract only those questions and answers into future motions he intends to make or can he submit the entire transcript into the record ? Thanks in advance YAG

 

[You Are Guilty]

CPLR 3116 details the procedure on getting the transcript served & signed, and 3117 talks about what you can use it for. In a nutshell though, after it's either signed or 60 days have passed without it being signed, you can use all or part of the transcript for a motion (including summary judgment).

At trial, the rules are a little more complex.

 

[melsdutchworld]

CPLR 3116 details the procedure on getting the transcript served & signed, and 3117 talks about what you can use it for. In a nutshell though, after it's either signed or 60 days have passed without it being signed, you can use all or part of the transcript for a motion (including summary judgment).

At trial, the rules are a little more complex.

Thanks YAG !!!!