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In federal and Florida state courts, lawyers can only instruct a witness not to answer a deposition question under the following limited circumstances: 1) when necessary to preserve a privilege; 2) to enforce a limitation on evidence directed by the court; or 3) to protect a witness from an examination being conducted in bad faith or in such a manner as unreasonably to annoy, embarrass, or oppress the deponent or party.
While both parties may question the deponent on this field of expertise, the deponent is not authorized to provide expert testimony on other subjects.
38) Instead of applying the standard of Rule 26(c)(1), courts applying the apex doctrine require the party seeking the deposition to (1) show that the putative deponent possesses "unique or superior" and often "first hand" relevant knowledge and (2) demonstrate it has pursued all other "less burdensome" means of acquiring that knowledge (such as interrogatories and depositions of less prestigious witnesses).
i] < 1, than the "i" deponent need money, and he will withdraw all the money from the bank;
Like the litigator, counsel may face deponents who provide incomplete information or ambiguous responses.
After the organization becomes aware of the deficiency, it has a duty to substitute another deponent who can speak to the subject.
Like his neighbor and deponent, Samuel Gatchell, Osgood stated that Barnard had kept his granddaughter company through the night and that when he had questioned Barnard about his presence, Barnard had answered "that he was a suitor to her & had bin a great while.
If the deponent physician appears stressed in the deposition, the video may be introduced at trial.
In the Deposition Books of the vice-chancellor's court, many deponents give their age, birthplace, profession, and so forth.
73) Some of these refugees were sheltered by others in the community: Lady Biverne Golairan of Avignonet was one deponent who told the inquisitors that she had given shelter to a homeless Good Woman and her socia in 1230.
Mr Clive Kairuz, ("Kairuz") the deponent to the answering affidavit, averred that the Astor 2010 pops formed an extension of the Respondent's range of confectionery and that they were launched in December 2004.
This chapter also examines situations where there are parallel proceedings on the same issues or where the deponent will be subjected to multiparty questioning, may potentially be a party to litigation, or is a former employee.
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