I have to go through a deposition (if i refuse they said they'd give me a subpoena) due to me witnessing/riding on a 4 wheeler accident in which one of my friends died....I would like to get out of it because my best friends family (the one who's daughter passed away) are sueing my best friends family (the owner of the 4wheeler) and I really dont want to get in the middle of it. So what is a deposition? What happens if I refuse to answer any questions but I still show up?? Thank you soo much.
2007-01-04 08:08:55 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I am a minor.
2007-01-04 08:09:16 · update #1
Anybody know about the laws about minors in deposition in Illinois?
2007-01-04 14:43:53 · update #2
Also, I have nothing to hide or anything so I dont need a lawyer right?
2007-01-05 04:27:37 · update #3
You will meet with the Attorney of both families at the same time, a court reporter will be there to tape everything, you will only answer questions as to what happened and what you witnessed and be outta there. Everything will be taped and typed up by the court reporter so it can be presented as evidence later on to a Judge, if this goes to trial. It may however end up being settled out of court for a lump sum... You can get out of going, if you skip it they will subpoena you by the Sherrif.
Dont sweat it, these are routine and you can request that neither family attend because you dont want to be in the middle.
2007-01-04 08:14:10 · answer #1 · answered by teresadick30 3 · 2⤊ 0⤋
A deposition is much like appearing in a court and answering questions. There will be several people there cross examing you. You will have your lawyer, if you have one and I would suggest it, your state/city/US prosecutor will have an attorney there to ask you questions, and the lawyer for the man who is being tried will have someone there. There will probably be a court reporter who will take down all you say, maybe record it on a tape recorder, and/or they might make it a video deposition where you are questioned and it is videotaped.
If you attempt to refuse to answer, the court will cause you a lot of grief, even to the extent that they jail you for contempt and keep you there until you talk.
I know this will be hard for you, but it is the way the laws read.
2007-01-04 08:15:44 · answer #2 · answered by Polyhistor 7 · 1⤊ 0⤋
A deposition is your oral testimony regarding a subject. You will be in a room with the attorneys for the plaintiff and defendant and a court reporter will be there to type word for word what you say. This will made into a transcript which you will have the opportunity to review afterwards and make corrections. You are expected to give true testimony, and it can be used at trial just as if you were testifying from the stand. There are laws in every state regarding minors giving testimony. I would look into your rights, don't let anyone scare you with a subpoena. You would be considered a fact witness and anything you say on the record can be used in trial
2007-01-04 08:19:26 · answer #3 · answered by scorpiosweetness1 2 · 1⤊ 0⤋
Your a minor? That is different. A deposition is you, a guardian - since you are a minor - and a lawyer sitting down and going over questions as to what you saw or what happened. It is under oath and if you can, you should also have a lawyer present to make sure you don't say anything you shouldn't. The lawyer should take care of answering the questions you shouldn't, so you should be on safe turf. Hope things work out for you. And my condolences for your friends.
2007-01-04 08:19:09 · answer #4 · answered by Archie K 2 · 1⤊ 0⤋
A deposition is where they sit you down and record Q & A, it is witnessed and usable in court. It is considered to be the same as sitting in the courtroom and giving testimony. Be careful and protect yourself. If necessary, get an attorney to represent yourself. Can you talk to your friend's family and advise them that you are being requested to give this deposition? A lot of times insurance companies will try to do whatever is necessary so that they can get out of paying. They can twist what you are trying to say so that it appears to be different than actual. They hire professionals that do that for a living and they go up against ordinary people. It's not fair but beware, it is what happens. On the other hand insurance companies have the right to gather information for themselves so that they pay appropriately.
2007-01-04 08:22:47 · answer #5 · answered by towanda 7 · 0⤊ 0⤋
It is a formal questioning done by attorney's, it takes place outside of actual court. It can be done pretty much anywhere. The questions from the deposition can be used in court later as evidence.
You are sworn under oath before answering, you can be charged with perjury if you are caught lying. You can have an attorney present to help you answer any questions.
2007-01-04 08:15:06 · answer #6 · answered by Anonymous · 1⤊ 0⤋
A deposition is where parties and non-parties are questioned by the attorneys in the case and it is records by a court reporter. In regards to a minor showing up, but not answering questions...I am not sure. You need to speak to an attorney in your state. If your family cannot afford an attorney, contact legal aid in your county.
2007-01-04 08:18:40 · answer #7 · answered by BritLdy 5 · 1⤊ 0⤋
well- you can get a lawyer and ask them what they think
2007-01-04 08:12:10 · answer #8 · answered by Cheesy Stuff 3 · 0⤊ 1⤋