Legal Question in Securities Law in California

Re: Depostion

They can force you to testify; if you are a professional in this case, you may be able to require you be paid your professional, not just witness appearance fees. You may want to have your own representation during the depositions.

Joel Selik

www.4thelaw.com

www.taxworkout.com

800-894-2889

Re: Depostion

The rules governing mandatory appearance at depositions vary depending upon whether the case is in state or federal court, whether you are a party, a percipient witness, or an expert witness, and whether you have been served with a subpoena or not. Failure to show up if you have been subpoenaed is punishable as a contempt of court.

You will be placed under oath and questioned by the attorney for the side that requested your appearance. The other side can cross-examine you.

You can refuse to answer on Fifth Amendment grounds if they apply to you, and if they might, you certainly need your own lawyer to prepare and accompany you. Otherwise, being represented by counsel is optional, but suggested, especially if there is any possibility you may be personally liable for any of the claims being made in the case, and whether or not you have been joined as a party at this point.

You must answer truthfully, but if you are unsure of the correct response, 'I don't know' and 'I don't remember' are popular answers among experienced witnesses.

Depositions can be either friendly or hostile, depending upon the relationship of the witness to the parties and the deposing side. Being evasive is likely to prolong the experience. Simple and direct answers, without embellishment, work best both to speed things up and to make the process less stressful.

If this is your first deposition, the lawyer deposing you should begin his questioning with some explanation, on the record, of the process and what is expected of you.

A deposition can go on as long as necessary to obtain the facts known to the witness. Courts have the power to limit the number and length of depositions a side may take, and also to issue protective orders regarding confidential matters or other issues that should not be the subject of questioning. The deposition should not delve into matters that are not calculated to lead to admissible evidence.