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Video deposition question

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Hello,
I have a question that I am asking for my mom. About 2 years ago when she was working at a hospital as an unpaid volunteer, she stepped backwards and fell on a piece of equipment that was just placed there without her knowledge. Subsequently she fell and broke her hip. She consulted an attorney that accepted her case and her case has progressed to the deposition stage. She went in about 3 weeks ago to the attorneys office and was questioned by the opposing attorney with a court reporter taking the transcript. Now I noticed on our states case.net sight that the other attorney is asking for a video deposition to be taken. Her question is why would they need another one since she just recently did one? Is this a precursor to going to trial, which she really doesn't want to do, but has no choice since her case is on a contingency basis.
Any ideas?
Thank you for any insight.
 


Just Blue

Senior Member
Hello,
I have a question that I am asking for my mom. About 2 years ago when she was working at a hospital as an unpaid volunteer, she stepped backwards and fell on a piece of equipment that was just placed there without her knowledge. Subsequently she fell and broke her hip. She consulted an attorney that accepted her case and her case has progressed to the deposition stage. She went in about 3 weeks ago to the attorneys office and was questioned by the opposing attorney with a court reporter taking the transcript. Now I noticed on our states case.net sight that the other attorney is asking for a video deposition to be taken. Her question is why would they need another one since she just recently did one? Is this a precursor to going to trial, which she really doesn't want to do, but has no choice since her case is on a contingency basis.
Any ideas?
Thank you for any insight.
sigh...

SHE should ask her attorney about all issues regarding her case.
 
I'm sure she will when she has her next appointment. Just wondering if anyone would know why they would ask for another one so she can have an idea of what she can expect to happen or any extra question to ask her attorney.
 

quincy

Senior Member
I'm sure she will when she has her next appointment. Just wondering if anyone would know why they would ask for another one so she can have an idea of what she can expect to happen or any extra question to ask her attorney.
I have no idea why the opposing attorney wants a video deposition.

What is the name of your state?
 

Taxing Matters

Overtaxed Member
Hello,
Now I noticed on our states case.net sight that the other attorney is asking for a video deposition to be taken. Her question is why would they need another one since she just recently did one?
Ordinarily there would be no need to do a second deposition. The attorney should have asked all his/her questions in the first one. Are you certain that the other attorney is seeking a video deposition of your mother and not someone else? You did not mention in what state this is being litigated, and that matters as each states rules are a bit different. In the jurisdictions I practice when the opposing party wants to depose my client the attorney simply notifies me and makes the arrangements for it. There is nothing filed with the court for that. But if a deposition is wanted of some third party, a motion for that might have to be filed in court. So the fact that this request is first appearing on the court site and she wasn't told by her attorney of it yet makes me wonder if in fact the opposing party wants a deposition of someone else.
 
Yes I am sure that he is asking for a video deposition. We are in Missouri and we have a judicial website where we can look up current and past cases called case.net. The current entry on her case is the other attorney wanting another deposition, only in video form. So you are saying that maybe one of the insurance companies might want a video deposition? I would think that the written one would work.
But thank you for the response. It was really helpful.
 

ShyCat

Senior Member
Written responses only convey a limited amount of information. Most of what we "say" is actually facial and body language and vocal intonation, all of which is non-existent in a written deposition. A video deposition provides a recording of such visual and audio cues that may signal deception or truthfulness.
 
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quincy

Senior Member
Yes I am sure that he is asking for a video deposition. We are in Missouri and we have a judicial website where we can look up current and past cases called case.net. The current entry on her case is the other attorney wanting another deposition, only in video form. So you are saying that maybe one of the insurance companies might want a video deposition? I would think that the written one would work.
But thank you for the response. It was really helpful.
Thank you for providing your state name.

It is possible that there was an issue with the transcription of the first deposition or possibly additional information came to light that necessitates a second deposition.

You mom's attorney can provide her with the actual reason for the additional deposition through a phone call or at her next meeting with her attorney.
 

Taxing Matters

Overtaxed Member
Yes I am sure that he is asking for a video deposition. We are in Missouri and we have a judicial website where we can look up current and past cases called case.net. The current entry on her case is the other attorney wanting another deposition, only in video form. So you are saying that maybe one of the insurance companies might want a video deposition? I would think that the written one would work.
But thank you for the response. It was really helpful.
No, I was asking if you were sure the opposing side was asking for a video deposition of your mother rather than someone else. In other words, does the site you are looking at tell you the name of the person the attorney is seeking to depose or does it not give the name and you are you simply assuming it to be your mother?
 

Taxing Matters

Overtaxed Member
Written responses only convey a limited amount of information. Most of what we "say" is actually facial and body language and vocal intonation, all of which is non-existent in a written deposition. A video deposition provides a recording of such visual and audio cues that may signal deception or truthfulness.
While that is true, if the attorney wanted that he should have done a video deposition from the get go. If that was the sole reason for wanting to do it over again, if I were Mom's attorney I would refuse to have my client attend the second deposition and if the opposing side filed a motion to compel it would be amusing to hear the judge's reply when the attorney says "but the first time I didn't capture the facial responses and body language and I really wanted that!" Where I practice that would be a very quick "motion denied" by the judge along with perhaps some colorful language chastising the other attorney for pursuing it.:LOL:
 
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Yes, it is the exact same attorney that did the original deposition. We haven't been contacted by mom's attorney concerning this new request so will try to get a hold of him to see what is going on.

I really appreciate even just guesses. I do value other peoples input that helps me explain what might be going on or might happen with mom.
Thank you for the help!
 

Taxing Matters

Overtaxed Member
Yes, it is the exact same attorney that did the original deposition.
I'll try one more time: Did the information on the court site say that the attorney is asking for the video deposition of YOUR MOTHER? Or did it not say who it was that the attorney wanted to depose? If it did not say who was to be deposed then it is possible that the attorney wants to depose someone other than your mother. Often summaries given on court web sites don't have all the information on it and you'd have to read the actual motion filed with the court to see the details.
 

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