August 2, 2011, - 9:01 pm
Duty Calls & De Bene Esse Depositions
Sorry for not posting all day, but I was out for the day preparing for and then conducting a deposition in one of the cases I’ve been working on as an attorney. Duty calls. Thanks to all the readers who expressed concern for my welfare in my absence. And, yes, along with you, the death threats and hate e-mails poured in, too (more about that in a later post).
Lady Justice is Far More Worthy Than Lady Gaga
And the deposition was not your typical deposition. It was a de bene esse deposition, and was something that happened all of a sudden on a case. I learned that a key witness was seriously ill and might not be available at the time of trial. And I needed to secure the witness’ testimony through a de bene esse dep. An attorney is required to pursue his or her clients’ interests and cases zealously. And that’s what I do.
So, what is a de bene esse deposition? It’s something you need to know, in case your lawyer doesn’t. It could be the difference in winning or losing your case, in either a civil OR criminal matter.
When a witness is ill, dying, out of the country, in a remote location, and/or otherwise may not be available for trial for any number of other legitimate reasons that cannot be addressed, the Federal Rules of Civil Procedure and case law allow an attorney to take testimony for use at trial in lieu of live testimony. That’s what a de bene esse deposition is. It is essentially THE trial for the witness in question. Attorneys for all parties are invited and participate. The deponent is examined by the party calling that witness. Then, the opposing party has the opportunity to cross-examine the witness. And so on . . . just as if it were the trial. Later on, the video may be shown to jurors, and the judge–who is generally not present and does not preside over the deposition–rules on what questions are admissible and which objections are upheld or overruled.
Today, we had a cameraman and a court reporter present to swear the witness in and videotape and transcribe the proceedings.
We did the deposition outside in the 90-something degree weather and high humidity. But I thrive in the heat and fresh air, and I was energized.
I will be posting some other stuff later tonight. I am back in the saddle. Stay tuned.
why not
just defame
moslems and their
msm and pc allies
for what they are
satan worshippers
hitler stalin mao-zedung
wreen’t even that
altho despicable
prestigio on August 2, 2011 at 9:23 pm