PRLG-0132 litigation chapter 14

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Kansas City Kansas Community College **We aren't endorsed by this school
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PARALEGAL 101
Subject
Law
Date
Sep 9, 2023
Pages
3
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Last Name 1 Shelby Hathaway Mrs.Lask PRLG-0132 03/06/2023 Litigation 1: Depositions 2Q: Describe the four types of depositions. 2A: Depositions are made prior to filing a complaint when the knowledge required to do so is in another party's sole or exclusive possession. Depositions on written questions are unusual; they combine depositions and interrogatories as a form of discovery. Oral depositions take place in a conference room with the witness, the plaintiff, the defendant, their attorneys, and a court stenographer. When one of the attorneys questions the witness, the witness responds on the spot, and the court stenographer notes what is said. Videotaped depositions are a sort of oral deposition in which the witness's evidence is stenographically transcribed and captured on film to be shown in court. 4Q: Why would an attorney need to conduct a deposition before filing a lawsuit? 4A: Before starting a case, an attorney must take a deposition because "the information required to construct the complaint and is in the sole position of another" (Goldman & Hughes, 2019). 8Q: Under what circumstances would a deposition be used to preserve testimony? 8A: If a witness is involved in an unforeseen scenario, their testimony can still be given at a deposition even if they are unable to appear in court due to physical limitations. 9Q: What is impeachment? How ae depositions used for impeachment? 9A: The purpose of an impeachment is to demonstrate a witness' unreliability by calling into question their veracity.
Last Name 2 11Q: Is arranging the deposition of a witness the same as arranging the deposition of a party to the lawsuit? Why? If different, how so? 11A: Asking questions regarding a specific issue or claim is part of taking a witness' deposition, which is similar to taking one in court. It is entirely up to each party to raise the queries to which they would like an answer. The paralegal will next work with the legal team to schedule the deposition's time and date. Even though a deposition is not the same as a court case, it's still vital to remember that it should be performed in a way that benefits all parties. The paralegal should set a time that works for everyone if it is for a party who is suing. 12Q: What is the purpose of a subpoena duces tecum? 12A: A subpoena duces tecum is used to compel a witness to appear in court and testify while carrying all necessary paperwork and evidence. A witness will be put in contempt of court if they disobey instructions. 13Q: How can the paralegal help prepare the client for a deposition? 13A: The paralegal can also assist the client in being ready for various inquiries that might be asked of them by the other side's attorney during cross-examination. 14Q: How can the paralegal help the supervising attorney prepare to depose the opponent's witnesses? 14A: A paralegal can assist the supervising attorney in getting ready for a deposition. This include compiling background data, doing exploratory research, looking through pertinent case materials, creating test questions, and doing legal research. After the deposition, the paralegal can also give a summary of the witness' testimony and any
Last Name 3 other significant details. This can help to make sure that everyone engaged has the most efficient and effective deposition possible. 15Q: What things can a paralegal do at a deposition? 15A: Also, a paralegal can assist witnesses and clients in preparing for the deposition. 17Q: How is a deposition digest used? 17A: A deposition digest is used as a summary that offers details on a deposition, including video footage and transcripts.
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