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Your Auto Accident Deposition
Thursday, 23 July 2009 14:34
Let us assume you have been in an automobile accident in Sacramento, California. You are the Plaintiff and you have just received notice from your attorney that the Defense has set your deposition. What are you to expect? A deposition is the taking of oral testimony of a party or witness, under oath, before trial.
A court reporter will be present to record the lawyer's questions and your answers, which will later be typed in the form of a booklet. Prior to the middle of the 20th century cases were frequently tried upon the basis of mutual ignorance of the other party's allegations both by the plaintiff and defendant.
Six Goals in Taking a Deposition
Monday, 13 July 2009 15:33
SIX GOALS IN TAKING DEPOSITION:
Situation: An auto accident attorney is taking the deposition of the defendant driver of the other vehicle. He will pursue six goals in taking the deposition.
First, he will want to get the witness’ story. Every witness has a story and generally the auto accident attorney should elicit the entire story first. He may find an unexpected goldmine of information that can later be exploited to his client’s benefit. He wants to get the witness’ story for several reasons.
What is a Motion In Limine?
Monday, 13 April 2009 04:00
A motion in limine (a motion ``on or at the threshold'') is a motion that requests the court, in advance of a proceeding, to make an order determining questions of procedure or evidence or restricting conduct of the participants. The motion is used primarily to preclude parties, their counsel, and witnesses from communicating or disclosing to jurors or prospective jurors irrelevant or otherwise inadmissible matters that are so prejudicial or confusing that their effect cannot be nullified by a subsequent admonition or direction from the court.
What is Admissible Evidence?
Sunday, 12 April 2009 04:05
In a California personal injury case, not all evidence is admissible. Your attorney will go through the following analysis to determine admissibility.
First, is it relevant to the issues at trial? Does the proffered evidence have what is called "probative value?" (Tending to prove or disprove an essential fact in the case).
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