Refusing To Be Deposed

[Qasar]

My wife and I are Defendants in a civil case. We contend that the case has no merit and are filing a motion today to have it dismissed, with prejudice.

Depositions of me and my wife are scheduled for 17 July. I am willing to be deposed. She considers it further harassment.

What are the consequences if she refuses to be deposed?

thanks.

[aaron]

Sanctions could include being fined for the costs incurred by the plaintiff in relation to the deposition, including legal fees. For that matter, she could be precluded from disputing certain factual issues at trial or be defaulted (have a judgment entered against her). The precise consequences will depend upon the full context of the refusal and your state's rules of civil procedure.

[Qasar]

Many thanks for the information, Aaron.

I am acting as Defendant Pro Se. The case filed against us is rather narrow, specifically having to do with Plaintiff's desire to have us not walk on a portion of an easement, claiming that when he bought property across which the easement goes, that part of the easement is now his private property. At a Show Cause hearing, the judge ruled for us, declaring it an easement and that we can legally use it.

That said, my question is, as the Pro Se guy at the deposition, should I refuse to answer any questions not directly related to the walking on the easement and the legal status of the easement? Or must I and my wife (co defendant), answer all questions, even ones having nothing to do with the law suit being brought?

Plaintiff has been attempting to paint us as bad people, abusing the priviledge of using the easement. Much other harassment of us, all on the record.

Do I allow him to go on a fishing expedition?

Thanks, Aaron.

Allan

[aaron]

Rules of civil procedure vary by state. At a deposition, standard rules are that you may make objections for the record, but only objections to form and foundation provide a basis not to answer a question, and then only until the question is properly supported or phrased. If you have a valid privilege, such as attorney-client privilege, you can assert it but there may be consequences for asserting privilege. Read the rules of civil procedure for your state. You should consider getting legal help.

[Qasar]

Thanks again, Aaron. I understand your answer.

It's a bit outside of my previous questions, but perhaps you will favor me with an answer.

As part of this civil suit, I am formally filing for an Order for Protection from the Plaintiff. He has engaged in a course of conduct for about 14 months, provably, that are clearly defined as harassment and stalking. As part of these actions, he menaced my 10 year old daughter on at least 3 occasions, my wife on more than that, and me on several.

My question is is there a statute of limitations on going after him on the child stalking/harassment issue? These events occured over a period of about a year to 14 months, complaints filed with the Sheriff's office, etc.

He has clearly broken the law in NY State on this, a felony punishable by 4 years in prison. There's another misdeameanor he is subject to that gets him 1 year in prison. That has to do with his harassment of me and my wife.

I'm most interested in the child abuse situation, though. As a father, I cannot allow that to go unpunished.

Thanks, Aaron.

Regards,

Allan

[aaron]

Here's an article on the New York statutes of limitation.

[kandi6]

Child abuse, harassment, stalking and menace are all very different violations of criminal law. Seek some legal counsel for which way you may want to proceed - get some free evaluations. Each incident would have its own statute of limitations.
Regarding the deposition, you could make it worthwhile to you in that it could support your case if you finnesse the proceedings to include the correct factual information. You need to know and understand the legal basis supporting your case and state the facts along those lines which will provide proof of your right to the easement. This might include the legality of a prescriptive easement (check - 5 years ownership with adverse use or whatever it is in your state). Or what rights per the easement documents are exactly, so you can get that at the assessor's office since it should have been recorded, which could then be commented on during the deposition to your favor. The deposition should only cover matters that are raised in the complaint, otherwise, they can be objected to, based on outside the scope of the litigation, or immaterial to the allegations. So understand all issues raised in the complaint. They will need to ask certain questions in order to establish a foundation, so expect that. For instance, if they want to establish that your child walked on the easement too, they'll have to ask you if you have children, where do they play, do you allow them to play there, etc. -- eventually getting to the fact that your child walked on their easement. Some facts will be inescapable, but the underlying proof of whether or not you're legally entitled to do so, is another matter, which you'll need to bring in somehow.
However, although an objection may be on record, you would likely have to answer the question anyway, and if push came to shove at a trial, when motions in limine are filed, is when certain matters in the deposition may be subjected to suppression based on the objections you made. You really don't want it to go this far. Often after a deposition, the attorney sees what he really has and how that might play to a jury, and will settle or dismiss.
You can make objections with a proper basis (privilege, outside the scope, harassing, asked and answered, etc.) and then refuse to answer.
There are fine lines and grey areas and depos can be trickey, but if you have a good understanding of where your rights lie, and you are within your rights, it should come out in the depo, and against the plaintiff's case.

[Qasar]

Aaron, what a superb answer. It covers everything I have in question. I cannot thank you enough.

Allan

[aaron]

I believe that was intended for kandi6.