How does depositions work?

[sarah899]

What is the name of your state? OR

I'm in high school and learning about the insurrection and I am wondering how depositions work when it's not Congress and Presidential privilege and involves an average Joe. I apologize if this post is not allowed then please delete it.

Say we are dealing with a non-criminal family court.

Say Amy wants to ask Ben questions in depositions, but Ben does not want to answer depositions questions. What would happened next?
(A) If Ben refuses it ends there i.e. Ben doesn't have to answer questions
(B) If one party wants depositions, the other party has to provide answers
(C) Ben can refuse but Amy can ask the judge to force Ben to answer and more than likely the judge will force the deposition in divorce situations
(D) Ben can refuse but Amy can ask the judge to force Ben to answer and more than likely the judge will NOT force the deposition unless it's some serious crime

Is the purpose of a deposition to prove someone is lying right then and there during the deposition or to save it for the judge? For example say Ben lied about multiple things and Amy can not prove many of them. Amy wants to do depositions to prove Ben is not telling the truth. For example:
Amy's Lawyer: Ben, have you been arrested for drug/alcohol use or child endangerment?
Ben: No

Amy's lawyer has a police report of Ben drinking and driving and a child in the back seat. At this point would Amy's lawyer show the police report during the deposition and ask Ben why he is lying or would Amy's lawyer shut his/her mouth and wait for trail date to say it infront of the judge?

 

[quincy]

Here is a link to Oregon’s Rules of Civil Procedure (2019):

https://www.oregonlegislature.gov/bills_laws/Pages/orcp.aspx

You can click on “Expand Rule 39” and “Expand Rule 40” to read about both depositions by oral examinations and depositions by written questions.

Any contradictions in what is said/written in a deposition and what is known to be true (through reliable evidence) can be used against the one who has been deposed, during settlement talks or a trial.

A Court can compel someone to attend a deposition through the use of a subpoena. A subpoena is a court order. If a subpoena is ignored, the failure to obey the court order (contempt of court) can result in fines and jail time.

 

[zddoodah]

I'm in high school and learning about the insurrection

What insurrection?

I am wondering how depositions work when it's not Congress and Presidential privilege and involves an average Joe. I apologize if this post is not allowed then please delete it.

Say we are dealing with a non-criminal family court.

Say Amy wants to ask Ben questions in depositions, but Ben does not want to answer depositions questions. What would happened next?

Ok...family court, and you've identified two people who are, presumably, spouses in a divorce. Correct? Assuming both of these folks are parties to the case and that Amy (or her lawyer) has properly served a deposition notice, the fact that Ben "does not want to answer deposition[] questions" makes no difference. Parties to a lawsuit (whether in family court or regular civil court) are obligated to submit to depositions. If a party refuses, then the party seeking the deposition can make a motion to compel. The court will order the recalcitrant party to submit to the deposition. If that party still refuses to submit, then the court will enter more severe sanctions, including entry of default or dismissal of the case (along with monetary sanctions).

Is the purpose of a deposition to prove someone is lying right then and there during the deposition or to save it for the judge?

The purposes of a deposition can vary from case to case and person to person. Most typically, the purpose is to lock the deponent into a particular story. I've never seen or heard of a deposition resulting in "proof" that the witness is lying.

For example:
Amy's Lawyer: Ben, have you been arrested for drug/alcohol use or child endangerment?
Ben: No

Amy's lawyer has a police report of Ben drinking and driving and a child in the back seat. At this point would Amy's lawyer show the police report during the deposition and ask Ben why he is lying or would Amy's lawyer shut his/her mouth and wait for trail date to say it infront of the judge?

In the abstract, there's no way to intelligently predict the strategy that Amy's hypothetical lawyer might employ. That said, "a police report of Ben drinking and driving and a child in the back seat" (which doesn't make a ton of sense) would NOT disprove Ben's testimony that he had never "been arrested for drug/alcohol use or child endangerment" (and note that "alcohol . . . use" is not a crime for those over 21).

 

[quincy]

What insurrection? ...

Seriously?

 

[Zigner]

Seriously?

It's possible they're studying Shays' Rebellion.

 

[quincy]

It's possible they're studying Shays' Rebellion.

Uh ... okay.

With the mention of insurrection, Congress, Presidential privilege, and depositions, I sort of suspect the insurrection being discussed in school might more likely be the one currently being discussed publicly everywhere.

Here is a link to an overview of Shays’ Rebellion:
https://www.history.com/topics/early-us/shays-rebellion

 

[stealth2]

Seriously?

I think a head-banging emoji is needed here...

 

[quincy]

I think a head-banging emoji is needed here...

That might save me from banging my own head. Haha.