General Discussion

Nevilledog

(54,857 posts)

46. I *do* have a law degree, so.....

Thu Feb 17, 2022, 03:58 PM

Feb 2022

A deposition is under oath, but the person being deposed has their attorney next to them who they can consult with before answering. That attorney can also lodge objections, and if necessary, can ask a judge to rule whether the question is allowed. A deposition is also more wide-ranging and lots of questions are asked that wouldn't be allowed in a trial setting.

That's obviously different than testifying in court.

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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

..... Tommy Carcetti Feb 2022 #1

Well, if he has a meltdown this time, grumpyduck Feb 2022 #2

Must sit for depositions. Not testify. Nevilledog Feb 2022 #3

+1 Important distinction. crickets Feb 2022 #23

Most important distinction, civil case, taking the 5th CAN be "used against you, adverse inference L. Coyote Feb 2022 #79

Excellent. Thanks. (nt) Pinback Feb 2022 #105

I thought "A deposition is a witness's sworn out-of-court testimony" per Cornell Law CaptainTruth Feb 2022 #36

I *do* have a law degree, so..... Nevilledog Feb 2022 #46

Can he/they appeal this? COL Mustard Feb 2022 #51

They will be appealing it. Nevilledog Feb 2022 #57

It figures. COL Mustard Feb 2022 #58

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

Not in my state. We have no special rules for a preservation deposition. rsdsharp Feb 2022 #77

Totally different procedures. Don't think I'd like that process. Nevilledog Feb 2022 #81

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

That is not my experience having been deposed. whopis01 Feb 2022 #87

Different from AZ state court. Nevilledog Feb 2022 #88

different but still testimony treestar Feb 2022 #104

It is testimony treestar Feb 2022 #103

I wonder what will happen if they refuse. sakabatou Feb 2022 #4

contempt of court order & will be picked up & charged ! monkeyman1 Feb 2022 #19

Well, to date they and their cronies have ignored every subpoena deelee Feb 2022 #22

Care for a friendly little wager? KS Toronado Feb 2022 #26

Welcome to DU! secondwind Feb 2022 #32

Different from a congressional subpoena CrackityJones75 Feb 2022 #41

Welcome to DU, deelee! calimary Feb 2022 #74

Adverse inference. L. Coyote Feb 2022 #80

...K&R... spanone Feb 2022 #5

Gums has a lunch date with Jesus Blue Owl Feb 2022 #6

Kick dalton99a Feb 2022 #7

Nice Botany Feb 2022 #42

Yeeeeeeeeeeeeeeeeeeeeeeeees! malaise Feb 2022 #8

Hey Malaise, you called it right! Cozmo Feb 2022 #78

This one was easy malaise Feb 2022 #99

Yes, But many appeals are yet to come before wnylib Feb 2022 #92

He will lose them all malaise Feb 2022 #100

Not going to happen superpatriotman Feb 2022 #9

Nope. Girard442 Feb 2022 #17

Not even AG Letitia James? ShazzieB Feb 2022 #61

What does lockup have to do with it? wnylib Feb 2022 #93

Will it be televised? Emile Feb 2022 #10

Not on fux! Everywhere else tho. The whole nation will be watching erronis Feb 2022 #28

So, all the MAGAts, right? n/t birdographer Feb 2022 #64

It will be private, with attorneys present to advise, challenge, etc. L. Coyote Feb 2022 #53

Which hunt! L. Coyote Feb 2022 #55

Which witch? JudyM Feb 2022 #97

I just want to see that lying POS under oath! Emile Feb 2022 #56

I want to see him sitting silent in a courtroom, facing justice and the reality L. Coyote Feb 2022 #98

Oh, it must be politics? kentuck Feb 2022 #11

Ruh-roh. lagomorph777 Feb 2022 #12

He'll plead ignorance. This is CFO was responsible for all financial docs. Probatim Feb 2022 #27

He signed it. Judges and juries don't care whether he read it. lagomorph777 Feb 2022 #33

We know that, but it matters in the court of public opinion and on fox news. Probatim Feb 2022 #34

He never stops whining about witch hunts. lagomorph777 Feb 2022 #35

He did more than just sign documents. fightforfreedom Feb 2022 #38

That makes it all the better. Probatim Feb 2022 #40

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

tHIS n/t malaise Feb 2022 #52

I have never felt so optimistic - but I still realize nothing may happen. Probatim Feb 2022 #94

He has said that he reviewed everything Weisselberg prepared. Grasswire2 Feb 2022 #54

C. All of the above. ShazzieB Feb 2022 #66

Great news, made my day. fightforfreedom Feb 2022 #13

Cue endless appeals. Midnight Writer Feb 2022 #14

+1 doc03 Feb 2022 #18

Hmm... Mike Nelson Feb 2022 #15

they can do whatever they like..... getagrip_already Feb 2022 #63

They have 21 days to appear! Emile Feb 2022 #16

They have 21 days to file an appeal. SoonerPride Feb 2022 #21

I heard they had 14 days to respond and 21 days to appear. Emile Feb 2022 #24

We shall see. SoonerPride Feb 2022 #25

Delay granted SoonerPride Mar 2022 #109

You are incorrect obamanut2012 Feb 2022 #31

We'll see. SoonerPride Feb 2022 #47

You can apologize to me now. Thanks. SoonerPride Mar 2022 #108

Bumping this because of course I was right. SoonerPride Mar 2022 #107

21 days to be deposed. Big difference. Tommymac Feb 2022 #91

Delay granted SoonerPride Mar 2022 #110

Lawyers working feverishly on bone spurs exemption bucolic_frolic Feb 2022 #20

can they be arrested barbtries Feb 2022 #29

the judge can issue a bench warrrant to force them to appear in court... getagrip_already Feb 2022 #65

yes, and i hope to see all that occur, barbtries Feb 2022 #70

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

Oh PLEEEEEZE make it so! calimary Feb 2022 #43

KR TY! Cha Feb 2022 #37

TFG's new soon to be nickname: Donald "take the 5th" Trump nt. andym Feb 2022 #39

Will Trump take the 5th? Maybe, but I doubt it because he thinks he is smarter than everybody. fightforfreedom Feb 2022 #44

"must answer questions under oath" lindysalsagal Feb 2022 #48

"I can't recall" WestMichRad Feb 2022 #59

"I can't recall, that was X's job." joshcryer Feb 2022 #86

But I assume they're got evidence to the contrary, and also, he's still responsible for lindysalsagal Feb 2022 #90

Believe it when I see it. orangecrush Feb 2022 #50

I hope it's televised nini Feb 2022 #60

WOW RayStar Feb 2022 #67

Think about what he says when he speaks birdographer Feb 2022 #68

Trump is a criminal and a traitor. lpbk2713 Feb 2022 #69

Time for him to play the dementia card. llmart Feb 2022 #72

Which is better ... ificandream Feb 2022 #73

woohoo! LymphocyteLover Feb 2022 #75

The reckoning is coming. Joinfortmill Feb 2022 #82

Was there ever any doubt? Aussie105 Feb 2022 #83

Why is Gums always left out? BobTheSubgenius Feb 2022 #85

I wonder if idiot Eric realizes how lucky he is to be the dumb one? Hassler Feb 2022 #89

Keep'em coming! TeamProg Feb 2022 #95

Eric has to stay in the car..... brooklynite Feb 2022 #96

Bduh bduh bduh...That's all folks! Kid Berwyn Feb 2022 #101

Shifting blame will be the strategy bucolic_frolic Feb 2022 #102

Woohoo BlueWavePsych Feb 2022 #106

Breaking: nothing is happening. More delay. SoonerPride Mar 2022 #111