Legal Question in Administrative Law in California

Looking at my notes during deposition

I am a plaintiff in pro per. The three defendants' attorneys will soon take my deposition and cross question me.

I have studied California Practice Guide, Civil Procedure Before Trail, A7, and put notes on when to object and how to object on my laptop.

During the deposition, can I start up my laptop and refresh my memory by looking at my notes about legitimate ways of raising objections?

Thank you for clarification.


Asked on 11/07/07, 1:23 pm

2 Answers from Attorneys

Clayton Lee Russakow, Ryan & Johnson

Re: Looking at my notes during deposition

Of course.

Just know that you will also be questioned about what documents you reviewed in preparation for your deposition.

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Answered on 11/07/07, 1:52 pm

Re: Looking at my notes during deposition

If the notes are only general legal information pertaining to how to make certain objections and types of objections, then you certainly can look at them. Make it clear to the opposing attornies that your notes solely concern possible objections to their questions.

They will likely ask you on the record whether the notes contain any factual information pertaining to your case-- if so, answer honestly because there is nothing to prevent one of the attornies from getting up during the deposition and walking behind your chair and looking at what is on your laptop screen. If the attorney sees something other than information regarding legal objections, then he/she will make sure to point that out on the record and you will look bad. If you appear to be referring to the notes when testifying about facts, that will look very bad if you have represented that the notes only pertain to legal objections. It will look even worse if the deposition is being videotaped. (Also note that when you testify at trial, the judge will likely not allow you to have anything like this in front of you when you take the stand to testify, even if you offer to let the judge look at it and it does contain only legal information regarding objections.)

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Answered on 11/07/07, 4:10 pm


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