West Virginia Sample Letter to Client - Deposition of Client Scheduled
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If a subpoena duces tecum is to be served on the deponent, the materials designated for production, as set out in the subpoena, must be listed in the notice or in an attachment. The notice to a party deponent may be accompanied by a request under Rule 34 to produce documents and tangible things at the deposition.
Preparation prior to going into a deposition is an essential step that requires you to meet your attorney in advance and go over related aspects involving: Court rules governing how depositions are taken. Questions the opposing counsel might ask you. Documents that you're likely to be questioned about.
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.
Documents to be produced. You should always bring three copies of each document: one copy for opposing counsel, one for your attorney, and the last for your reference. You should also bring the original document in case the copy is of poor quality or the accuracy of the document is called into question.
You will hand a document to the court reporter, and have him or her mark the exhibit, starting with 1 or A. Generally, you'd ask, ?Please mark this document as Exhibit A,? or something along those lines. You can premark the exhibits if you prefer to save time.
The more your client is familiar with the procedure, the more effective she will be at her deposition. Start with the basics. ... Explain what a deposition is. ... Explain admonitions. ... Review requests for production of documents. ... Don't try to win the case. ... Exception to the ?don't try to win the case? rule. ... Tell the truth.
Witnesses are needed by a legal team to answer questions under oath pertaining to their knowledge relating to a lawsuit before the case is tried in the court. The law firm sends a document called a notice of deposition to the witness and all other parties involved in the lawsuit.
Notice of Deposition Location; Date and time of commencing the deposition; Name of deponent; Address and telephone number of non-party deponent; Any materials to be produced by the deponent at the deposition;
