Legal Question in Personal Injury in Massachusetts

Re: slanderous accusations during a deposition

A deposition is a question and answer session, where the deponent (person answering questions) is under oath to tell the truth, and the session is recorded by a court reporter. The transcript of the deposition will not be filed in court (where it would become public record), and will remain with the attorney who paid for the transcript. You have the right to review and sign the deposition, before it becomes "official", you must do so within 30 days or you waive any right to make corrections. Corrections are of the phonetic interpretation type, you cannot change a "yes" to a "no", but you can change a "know" to a "no" if the latter were the correct answer.

If you are uncomfortable about your rights, you might want to hire an attorney to accompany you to the deposition. You have the right to be represented by counsel, and if the other attorney knows that you have an attorney present, that attorney is not likely to ask any questions that are "improper", or to make any accusations. Accusations are not part of the deposition practice, although questions can often feel like accusations to the person answering them.

Thomas Workman

Law Offices of Thomas Workman

41 Harrison Street, Taunton, MA

Re: slanderous accusations during a deposition

You can't sue for slander for questions asked during a deposition. These questions are considered

privilege. You may consider hiring a lawyer who can make proper objections. In any event you must

answer the questions truthfully. The only questions you don't answer are those that are privileged and

the privilege is properly asserted.

Alan Pransky

Law Office of Alan J. Pransky

20 Eastbrook Road

Re: slanderous accusations during a deposition

Rule 26(b)(1) of the Mass.R.Civ.P. reads "It is

not ground for objection that the information

sought will be inadmissible at the trial if the

information sought appears reasonably calculated

to lead to the discovery of admissible evidence."

The issue which you fear will be raised and which

might have relevance (to one school of thought)

is whether the mother is a lesbian. Whether you

are is not an issue . . . although whether she

was intimate with another woman (any woman) may be....

Well, her attorney may argue that.

To ask such a question, the attorney ought or should have s

good faith basis for asking it. It's not a question to be

asked lightly of a nonparty.

Nevertheless, I think it is a shame that you

have reason to believe a lesbian

would be treated differently in your profession

than a woman who isn't one. It doesn't say much

for the members of that profession. We are

coming up to the year 2000 and we live in

Massachusetts, which we who live here hope is perceived as a sophisticated contemporary and not provincial society.

Think about it. How would members of your

profession learn what was asked at the deposition?

And if they learned about the question, they would also learn about the answer, which you've told us is NO.

Take a long walk and do a little meditationl One or the other will make you feel more at ease with the coming deposition.

Barbara C. Johnson

Law Office of Barbara C. Johnson

6 Appletree Lane