Georgia Sample Letter regarding Deposition

State:
Multi-State
Control #:
US-0879LTR
Format:
Word; 
Rich Text
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This form is a sample letter in Word format covering the subject matter of the title of the form.
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FAQ

Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of 30 days after service of the summons and complaint upon any defendant or service made under subsection (f) of Code Section 9-11-4, except that leave is not required if a defendant ...

For example, Jill is suing Jack for bruises she sustained when Jack accidentally knocked her down a hill. Jill's attorney sent Jack a notice of deposition to be taken at Jill's attorney's office. Jill's attorney was there to ask questions, and Jack brought his attorney.

A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."

The attorney for the defendant has requested your deposition as part of the discovery which you must provide in your lawsuit. A deposition is the defense attorneys' opportunity to ask you questions about your background, your accident, and your injuries, and to explore your claim in detail.

Aside from some very limited exceptions, any person who may have knowledge of the facts of the lawsuit can be deposed. If a person refuses to participate in a deposition, they can be compelled through the use of a subpoena. What is a subpoena?

A party who wants to depose a person by oral questions must give reasonable written notice to every other party. The notice must state the time and place of the deposition and, if known, the deponent's name and address.

Deposition DON'Ts: Guess or speculate. ?I don't know? or ?I can't remember? is acceptable. Be anxious or stressed out. It will affect what you say and how you appear. Be defensive or angry. Never argue with the attorney. Offer information not requested. ... Talk too much or ramble. ... Talk too little. ... Be too extreme.

Your notice must include the name of the deponent, as well as the date, time, and location of the deposition. If the deponent is an organization, describe what matters you will be discussing, so that the organization may appoint a representative with the most knowledge of those issues.

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Georgia Sample Letter regarding Deposition