Legal Question in Civil Litigation in Illinois

Re: Do I have to answer questions about a dead person?

You can say what you plan on saying ONLY if it is true and you can provide evidence of it. Otherwise, it is perjury (and punishable by 90 days in county jail) to give false testimony.

The question is why your father is of any relevance to the issues? Is your father the plaintiff or the defendant?

You must answer all questions asked in a deposition to the best of your ability and your memory. There are four options as answers:

1- "yes"

2- "no"

3- "I do not recall"

4- "a sentence describing the answer"

Your answers to the question they will ask will have to fall within these categories. You may also object to a question you may feel is inappropriate. In which case you may refuse to answer the question - however, the other side will then have to get the court's approval to ask the question and if they do, you will have to show up at your expense and answer the question and any other that follows from your answer.

I hope this helps

Taradji Law Offices

Re: Do I have to answer questions about a dead person?

I'm sorry, but if the questions are reasonably calculated to lead to admissible evidence, you cannot lawfully refuse to answer based simply on your preference not to speak ill of the dead. And the judge can force you to answer, holding you in contempt if you disobey. Even if there actually is an established religion that prohibits its members from speaking ill of the dead, and even if you actually belong to such a religion, you probably still have to answer, but that would be an interesting case. You can hire your own lawyer to attend the deposition with you to raise any proper objections to any improper, irrelevant, or immaterial questions. Generally, you must answer all proper questions.