What is it called when an attorney asks you questions?
Asked by: Lisandro Willms | Last update: August 12, 2025Score: 5/5 (4 votes)
This is a deposition, in which I will ask you questions and you must answer them truthfully unless your attorney tells you clearly and directly not to answer.
What is it called when a lawyer asks you questions?
examination. n. 1) the questioning of a witness by an attorney. Direct examination is interrogation by the attorney who called the witness, and cross-examination is questioning by the opposing attorney.
What is the legal term for questioning?
interrogation. n. questioning of a suspect or witness by law enforcement authorities. Once a person being questioned is arrested (is a "prime" suspect), he/she is entitled to be informed of his/her legal rights, and in no case may the interrogation violate rules of due process.
What is it called when a lawyer requests information?
You use discovery to get information or evidence from the other side in a lawsuit that will help you make your case. In order to get the information you need, you must make a request using a specific procedure and written format, within a specific timeframe.
Is a deposition good or bad?
The Bottom Line. A deposition is a crucial part of the legal discovery process where a witness or party gives sworn testimony outside of the court. It helps both sides understand the evidence and avoid surprises at the trial.
How to call a Lawyer, and what questions they'll ask.
Do depositions lead to settlement?
The goal of a deposition is to present the facts of the case to each side in preparation for the actual trial. For some, the deposition is the final step of their claim before receiving a settlement. However, the case may still go to trial in certain situations.
What not to say at a deposition?
- 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.
What happens if you refuse to answer interrogatories?
If you do not answer the questions by the deadline, which is usually about a month, the other side could ask the judge to order you to respond to the interrogatories. If you miss the second deadline, the judge could impose a fine against you or strike your pleadings.
What's a word for a sneaky attorney?
/ˌpɛdiˈfɔgər/ Other forms: pettifoggers. A sneaky, underhanded lawyer is a pettifogger. If your neighbor hires an unscrupulous quack to sue you, you might call his attorney a pettifogger. You don't hear the word pettifogger much these days, since the word is fairly archaic, but you might come across it in an old book.
Who is more powerful, a judge or a prosecutor?
Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.
What is the questioning process called?
The judge and the attorneys ask jurors questions to determine if the jurors are free of bias (prejudice) or whether there is any other reason why they cannot be fair and impartial; this process is called voir dire.
Can you be questioned without a lawyer?
You have the constitutional right to talk to a lawyer before answering questions, whether or not the police tell you about that right. The lawyer's job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions.
When a lawyer asks questions to his own client?
Examination, Direct Examination: The questions which either prosecution or defense asks their own client or their own witnesses are often referred to as "examination, direct examination , or examination in chief .
What are legal questions called?
In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to the interpretation of the law.
What is advice from a lawyer called?
Legal advice is the giving of a professional or formal opinion regarding the substance or procedure of the law in relation to a particular factual situation.
How to avoid answering interrogatories?
However, you can object to interrogatories that call for legal conclusions. You can also object to questions if they are not at all related to the court case. To object, you need to write out the reasons for the objection instead of answering the question.
What happens if you lie on interrogatories?
The Dangers of Lying on Interrogatories
When the truth is discovered, the judge may impose a fine, assign additional litigation costs, or dismiss the case entirely if it was brought by the party who provided false information.
Who must answer interrogatories?
Rule 33 (b), Federal Rules of Civil Procedure , requires the respondent to answer an interrogatory separately and fully in writing and under oath, unless the respondent objects, in which event the party objecting shall state with specificity the reasons for objection and shall answer to the extent the interrogatory is ...
Can you decline to give a deposition?
Generally, you can't refuse to give a deposition. The parties have a legal right to question witnesses under oath, including opposing parties in the litigation. However, even though you can't outright refuse to give a deposition, you can object to specific questions.
How do you know if your case will be dismissed?
Some signs we look for are a lack of physical evidence, gaps in the chain of custody of evidence, contradictory eyewitness accounts, or witnesses who lack credibility. If the prosecution's case is built on a shaky foundation, they often realize a dismissal or plea deal is their best option.
Does a deposition mean going to trial?
Regardless of the fact depositions and testimony are important, in some cases they may not be necessary. In fact, participating in a deposition doesn't necessarily mean your case will go to trial.
Can you settle during a deposition?
Until a judge or jury verdict is reached, a settlement can be made at any point in a personal injury case. A settlement offer can even be made at a deposition once the evidence and its indication of negligence and fault become clear.
What should you not say to a lawyer?
- Do Not Say Anything to Your Attorney That Is Not True. ...
- Do Not Exaggerate Your Injuries When Talking to Your Lawyer. ...
- Do Not Tell Your Lawyer to Act On Your Behalf and Take Other Action Without Their Awareness.
What happens if you refuse to answer questions in a deposition?
When individuals refuse to answer deposition questions, courts may hold them in contempt. Contempt charges occur if a refusal disrupts the legal process or disobeys a court order. Penalties for contempt charges include fines, imprisonment, or both.