What is the difference between interrogatories and depositions?
What is the difference between interrogatories and depositions?
So what’s the difference? For starters, depositions are an out of court question-and-answer session that must be conducted under oath. Interrogatories are a set of questions sent to an individual to answer and send back to an attorney. These are limited to 30 questions, including subparts of questions.
Do federal interrogatories have to be verified?
For Federal Court, you want to look at the Federal Rules of Civil Procedure, particularly rules 33 and 34. Doc requests don’t require verifications, and you serve only objections, you don’t need verifications for interrogatory responses….
Can a judge throw out a case?
This is simply not the case. In fact, the only way a judge can throw out a case (specifically a criminal case, not a civil traffic infraction) is under a few limited circumstances. The judge certainly won’t look at the evidence to determine if the state has enough to move forward.
Are deposition transcripts hearsay?
Depositions are usually hearsay and are thus inadmissible at trial. There are, however, three exceptions to the hearsay rule that are particularly relevant to deposition testimony. The second is when a witness’s testimony at trial contradicts their deposition. The third is when a witness is unavailable at trial.
How do you protect yourself in a deposition?
What follows are numerous points or rules to keep in mind throughout the deposition.
- Tell the truth.
- Think before you speak.
- Answer the question.
- Do not volunteer information.
- Do not answer a question you do not understand.
- Talk in full, complete sentences.
- You only know what you have seen or heard.
- Do not guess.
Can the defendant talk to the prosecutor?
You can contact the DA directly at any time, but I suggest that you do not. Any statement made by you can and will be used against you. I strongly suggest that you contact an attorney to speak for you.
Does the prosecutor talk to the victim?
Prosecutor To Inform the Court of Victim’s Views As an alternative to—and, in some states, in addition to—permitting the victim to address the court or submit a victim impact statement, the prosecutor must inform the court of the victim’s position on the plea agreement.
Does the prosecutor represent the victim?
The prosecutor (a Deputy District Attorney) represents the People of the State of California. They do not represent individual victims and there is no attorney-client privilege when a victim speaks to a prosecutor or the prosecutor’s investigator.
