Am I Compelled to Appear in Court

[A.L. Wheeler]

My question involves court procedures for the state of: California


Hello. I am a witness for the plaintiff in a civil case in California (unwilling) the plaintiff lawyer has
ordered a discovery which has been objected to by the defendants attorney before hand. But he he says if I do this
deposition I wont have to appear in court. I live about six miles from the courthouse. I dont
understand how this could be true. Can someone help me in laymen s terms. Lee

[free9man]

If you are subpoenaed, then yes you would need to appear. It is possible that your part in the case can be covered in the deposition and in-court testimony would not be needed. Only the attorneys can tell you for sure if you will be needed.

[A.L. Wheeler]

Oh I left out the most important part. So can they use my deposition in the court without me being there?

[aaron]

Yes, for a number of purposes.

It is also possible to conduct a "trial deposition" where the parties agree in advance that the deposition will be used as trial testimony, rather than having the witness appear for trial. That's often done, for example, with medical experts who have commitments that may make it difficult for them to appear at trial.

[A.L. Wheeler]

Yes, for a number of purposes.

It is also possible to conduct a "trial deposition" where the parties agree in advance that the deposition will be used as trial testimony, rather than having the witness appear for trial. That's often done, for example, with medical experts who have commitments that may make it difficult for them to appear at trial.

Do both Plantiff attorney and Defendant have to agree on the deposition being used in court without the witness on hand.
Sorry I keep on with the questions. But I cant understand this.

[Mr. Knowitall]

If the use is consistent with the court rules and rules of evidence, either side can introduce the deposition or an excerpt thereof.

[cmre3456]

Please understand that at the deposition there is a court reporter who is an officer of the court. If either side requests and pays for it, the recorder will transcribe your deposition and that verbatim transcript is sworn testimony. You are sworn in under oath before the deposition begins.

As others have said, it depends on the circumstances and your local court rules whether that transcript or maybe just part of it can be read at trial as your testimony.

You would be wise to take your own attorney to that deposition. The rules of questioning are the same as in court and your attorney who would sit next to you can object to any question just as the opposing attorney would in court. I'm referring to objections such as "objection - irrelevant" or "objection - counsel is badgering the witness" etc. On your own, the defendant's attorney might eat your lunch by getting you confused and frustrated, etc.