California Motion for Protective Order against Trial Deposition
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How to fill out Motion For Protective Order Against Trial Deposition?
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FAQ
The exclusionary rule is commonly associated with the "fruit of the poisonous tree" doctrine. This doctrine says that otherwise admissible evidence, testimony, or even confessions may get excluded from trial if they came from an illegal search or some other constitutional rights violation.
Section 2025.420 - Motion for protective order (a) Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.
A party may move to suppress the use of a piece of evidence, an expert or a deposition. This motion is normally made if the use of the person or object under question would be invalid or would cause prejudice that would outweigh its value in court or to the jury.
This is done by simply telling the deposition officer that you are suspending the deposition to seek a protective order. The deposition officer must suspend taking testimony upon such a demand.
Objections in depositions: Whenever necessary, the defending attorney raises deposition objections to prevent the witness from providing misleading, confusing, or inaccurate testimony. Generally, proper deposition objections may be made on the grounds of form, relevancy, or privilege.
If the deponent is a non-party organization, you must take the deposition within 75 miles of the organization's principal executive or business office. Additional rules apply for depositions of experts and out-of-state residents.