Veritext Welcomes Alabama Acquisition

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We are excited to announce that Veritext has acquired Freedom Court Reporting, headquartered in Alabama.

Founded in 2005 by Mike and Mickey Turner, the firm has become known for its expertise in servicing litigation support and the brand has become synonymous with excellent client service.  Freedom Court Reporting clients will now be in a position to benefit from Veritext’s innovative technology and world-class security.  They will now have access to Veritext’s 50+ brick and mortar offices around the country, including state-of-the-art deposition suites.

It is truly a perfect fit and a win-win for all.  We are pleased to welcome the Freedom Court Reporting team to the Veritext family.

The Legal Do’s and Don’ts of Depositions

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Whether you’re an individual finding yourself in court for the very first time or a sophisticated business person used to the process, legal proceedings can be stressful and confusing.  The variety of ancillary proceedings such as depositions can pose their own hurdles and are often fundamental to building your legal case.

This article looks at depositions.

What is a Deposition

A deposition is the sworn (under oath) testimony of a witness in a legal proceeding.  Depositions are often used as part of the discovery process, or the evidence gathering phase of a trial.  Witnesses will often have their lawyers present in the room to provide guidance although they do not have the right to make “speaking objections” or counsel a witness.  Testimony at a deposition can be used at trial.

How Long is a Deposition?

Courts recognize the value of a witness’ time and take that into consideration by limiting the length of depositions.  While rules may vary from state to state, generally, rule 30(d) of the Rules of Civil Procedure limit depositions to one day of seven total hours of questions, asked by all parties.  That time can be extended and can be day to day, but that is the general rule.

Where can Depositions Take Place

While you may be required to attend a deposition, there are also limitations on where they can occur.  Under the Federal Rules of Civil Procedure deponents must be given appropriate notice of the time and place of a deposition.  These typically take place at an attorney’s office rather than the courthouse.  Practically, attorneys will often communicate for a preferred location and time that is convenient for all parties.  In cases where an agreement cannot be reached, the rules allow for the filing of a motion requesting an order for a new location.  These motions or requests aren’t granted automatically and you should be prepared to show cause as to why the change of venue is needed.

How to Prepare for a Deposition

Before attending a deposition, witnesses should discuss any concerns or questions they may have with their lawyer.  While a personal injury lawyer Brookhaven GA trusts should never lead their client into a specific answer, consulting with your legal counsel first can help solidify your account of the events and refresh your memory.  This step can also help make witnesses comfortable with the process of a deposition and help them understand what to expect during the proceeding itself.

What Should You Never Do in a Deposition

As with any legal proceeding, when providing testimony at a deposition you should be sure to always give accurate and truthful answers to questions.  This does not include providing information other than what is asked.  Deponents should ensure they do not offer up information beyond the scope of the question.  Witnesses should also feel free to ask for clarification if they don’t fully understand a given question.  A calm and cool demeanor will also help make the deposition go more smoothly and quickly.  If at any point during the deposition you have questions or are unclear about an answer you are always free to ask.

While this list of pointers certainly isn’t all-inclusive, it should provide an excellent starting spot for becoming comfortable with your upcoming deposition.  As with other legal proceeding, deponents should not hesitate to contact a lawyer to protect both their rights in the event they are called to testify.

Butler TobinThanks to our friends and contributors from Butler Tobin for their insight into deposition dos and don’ts.

5 Key Questions Asked in a Divorce Deposition

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Going through a divorce is a stressful time for all parties involved. The divorce process can be lengthy, stressful, and unnerving since you might not know what to expect. One key component of divorce proceedings is the deposition.

A deposition is used during the discovery phase of divorce proceedings. It provides the parties in the divorce with the ability to gain information relevant to the case. Depositions are conducted outside of a courtroom, but the information can be used at trial and a court reporter is present to record what happens. In a divorce deposition, it’s critical to obtain information that builds your case and gives you the best chance of getting what you want in the settlement. Prior to your deposition, one of our attorneys will likely ask you most, if not all, of the following questions depending on the nature of your case.

1. Finances. Finances are a big concern in a divorce. Current income, potential sources of income, and any assets such as property, vehicles or investments can impact settlement negotiations. Having accurate financial information ensures that the division of marital assets is fair and doesn’t disadvantage one party over the other. Financial issues also need to be worked out when both parties have accumulated debt during the marriage and a divorce lawyer Peoria IL trusts need to determine how it should be allocated.

2. Custody and child care. If there are children involved in the divorce, it’s critical to establish custody and visitation rights. Questions may include where the children will be while the other parent is at work or how they are going to care for them in their current living situation. The ultimate goal is to work towards the best outcome for the children. The situation may change drastically from how it was previously established while you were married and living together.

3. Recreational or dangerous activities. Some personal information might be relevant during a deposition such as illegal drug use or excessive alcohol consumption. Anything that might impact safety or the quality of life for the children should be addressed and considered.

4. Specific incidents and dates. If there are circumstances that led to the divorce that are relevant to any of the issues being contested during the divorce, whether it’s related to division of assets or custody, bring them up during the deposition. This ensures the information goes on the record and may help the judge make their decisions.

5. Health. Your health may come into question if you have a mental or physical condition that can impact your judgement or ability to care for children of the marriage. You may also be asked if you carry life, disability or homeowner’s insurance and who the listed beneficiary is for the policies.

Depositions can get emotional and be stressful as a result. Having an idea of what to expect can reduce or eliminate your anxiety. Because our experienced attorneys are well-versed in divorce proceedings and depositions, you can expect the best outcome possible.

Smith And WeerThanks to our friends from Smith & Weer, P.C. for their insight into divorce depositions.