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In reply to the discussion: BREAKING: Judge says former President Donald Trump and two of his children must testify in the New Y [View all]CaptainTruth
(8,117 posts)36. I thought "A deposition is a witness's sworn out-of-court testimony" per Cornell Law
I don't have a law degree, I'm just trying to understand all this stuff. I understand it's different than in-court testimony & different rules of evidence apply, but thought a sworn deposition was still a form of testimony. I rely on Cornell a lot for things like this as they seem to be accurate but if I'm mistaken please let me know, I'm just trying to learn, thanks!!!
Cornell Law:
A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."
https://www.law.cornell.edu/wex/deposition#:~:text=A%20deposition%20is%20a%20witness's,is%20called%20the%20%22deponent.%22
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BREAKING: Judge says former President Donald Trump and two of his children must testify in the New Y [View all]
CaptainTruth
Feb 2022
OP
Most important distinction, civil case, taking the 5th CAN be "used against you, adverse inference
L. Coyote
Feb 2022
#79
I thought "A deposition is a witness's sworn out-of-court testimony" per Cornell Law
CaptainTruth
Feb 2022
#36
It depends on the state. I have a law degree, too, and practiced as a litigator for 33 years.
rsdsharp
Feb 2022
#62
There are exceptions, but it seems like you're more addressing out of court testimony.
Nevilledog
Feb 2022
#71
It's probably not really a matter of preference. It's just the way things are.
rsdsharp
Feb 2022
#84
Thanks! It sounds like in some states a deposition can be used as testimony, but not all.
CaptainTruth
Feb 2022
#76
I want to see him sitting silent in a courtroom, facing justice and the reality
L. Coyote
Feb 2022
#98
I do believe any tax form , at the bottom, YOU are responsible for the
asiliveandbreathe
Feb 2022
#45
He came out with a statement saying he knows everything about his finances.
onecaliberal
Feb 2022
#49
the judge can issue a bench warrrant to force them to appear in court...
getagrip_already
Feb 2022
#65
Doesn't A.G. James has it set up if TFG doesn't show up she can put a lien on all his NY properties?
Botany
Feb 2022
#30
Will Trump take the 5th? Maybe, but I doubt it because he thinks he is smarter than everybody.
fightforfreedom
Feb 2022
#44
But I assume they're got evidence to the contrary, and also, he's still responsible for
lindysalsagal
Feb 2022
#90