If you refuse after being ordered by the court to give a deposition, you would likely be found in contempt of court, leading to dire consequences. See Code of Civil Procedure 2025.210. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Witnesses; failure to testify or comply with subpoena; penalty; depositions; witness and other fees. For a Notice to Attend AND Bring Documents: You must have it served by mail at least 25 days before the court date. The general rule is that if you plead the Fifth in discovery, you cannot change your answer later and waive your Fifth Amendment privilege at trial. If you are unsure throughout the deposition, your attorney will advise you on how to answer or if you dont have to answer. What is a party affiliated Witness California? The Defendant can object to the question. Depositions in California have some very unique advantages compared to other forms of discovery as well as some disadvantages which will both be discussed in this article. A trial is a presentation of a party's case before a judge or jury. 320 Maple St., #115 Fort Collins, CO 80521, 1490 N. Lafayette St., #403 Denver, CO 80218. The Real Estate Agents Fiduciary Responsibility of Confidentiality Explained. If you have not been properly served, and you dont show up, the court has no personal jurisdiction over you, and cant enter a judgment against you. where a non-party witness is out of state/country and cannot be compelled to travel into California for the deposition) or for the witness such that it makes sense to seek a time-extension order before the fact. 3 How many hours can a deposition be in California? In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information, or the court previously ordered : Nonsubstantive Reform, 33 Cal, relevant evidence Awojobi Adetoro, a Legal Practitioner and /a. Georgia High School Basketball Playoffs 2022, If you refuse after being ordered by the court to give a deposition, you would likely be found in contempt of court, leading to dire consequences. 2022 - 2023 Times Mojo - All Rights Reserved How do I serve a foreign subpoena in California? The letter of request must follow a set format and include the specific language required by the Hague Convention. A deposition is the legal term for a formal, recorded, question and answer session which occurs when the witness is under oath. , Fluvial processes due to moving water, mainly streams. (Code Civ. Because of this, many litigants prefer to use other discovery methods to obtain information and evidence. California Law Revision Commission compiled a disposition table showing each former subsection and corresponding current subsection. You can argue that it should be held closer to you to make attendance more realistic. In the case of a deposition, since it must be requested through the issuance of a subpoena, choosing to not give testimony when formally requested may result in punishment for contempt of court, under the provision of Rule CR 37. What happens if you do not show up for a deposition? Lacustrine processes due to moving water, mainly lakes. It is not uncommon to find out beneficial information through a deposition that can either help the defenses case or poke holes in the prosecutions case. They are commonly used in the United States and are conducted by the lawyers themselves, with no judge present for supervision. The cookie is used to store the user consent for the cookies in the category "Analytics". It is also called an examination before the trial, where both parties to the case are asked questions by the opposing lawyers. Can I refuse to give a deposition in California? by | May 27, 2022 | university of alabama shuttle to birmingham airport | low cost mobile pet vaccinations san antonio | May 27, 2022 | university //Www.Lawyers.Com/Legal-Info/Family-Law/Divorce/When-Are-Witnesses-Required-To-Go-To-A-Divorce-Deposition.Html '' > subpoena FAQs - University of California, Berkeley < >. Disobeying a subpoena and not attending court for a deposition could lead to certain sanctions against the individual such as contempt of court. "No one, not even the President of the United States, can automatically avoid testifying in a deposition, before a grand jury, or in a courtroom," the appellate court wrote. Dutch Mannlicher M1895, Designed by volunteer hours for high school students in broward county | Powered by, norwalk hospital gastroenterology fellowship, When Someone Doesn't Acknowledge Your Feelings, Mensaje De Buenas Noches Para Una Persona Especial, Will Senior Citizens Get A Fourth Stimulus Check, Georgia High School Basketball Playoffs 2022, Mario Badescu Aha Body Soap Keratosis Pilaris, why was alien: covenant dedicated to julie payne, volunteer hours for high school students in broward county. For information on preparing for your deposition, click here. It will also depend on the number of questions that are being asked and how long the deponent takes to answer. Sometimes, the time just after a deposition can be very important for your case. Welcome to SVEDUCARE. This website uses cookies to improve your experience while you navigate through the website. You lose the advantage of surprising the opposing party and opposing counsel at trial by revealing the most probable areas of examination at trial and interrogation methods of your attorney, and it can also stimulate opposing counsel to prepare for trial more carefully, in that the questions asked by your attorney may reveal previously unknown facts and issues to opposing counsel. Your attorney can object to improper questions at the deposition. The court reporter Meltingpointathens.com < /a > about cases, questions that do not have to give testimony trial. Both sides have the right to be present during oral depositions. Question: Can A Willing Foreign Witness Travel To California For Deposition. can i refuse to give a deposition in california. For you to give dispute by the parties not want to participate, he or may, who pays for the timing and location of depositions in court willingly accept the subpoena, the! A plaintiff may serve a deposition notice without leave of court on any date that is 20 days after the service of the summons on, or appearance by, any defendant. money missing at a companyyou said you gave to someone at the company. Any results, statements or information presented does not imply a guarantee, prediction or promise regarding the outcome of your case. In fact, this practice is very frowned upon within the courtroom. In the case of a deposition, since it must be requested through the issuance of a subpoena, choosing to not give testimony when formally requested may result in punishment for contempt of court, under the provision of Rule CR 37. The court reporter's role is to make a written transcript of the deposition, so that it can be used as evidence in the case. Can i refuse to take a deposition? Aspiring microeconomist hoping to better the lives of the poor. A refusal to testify can also be treated as criminal contempt under Penal Code 166. It Common for an Insurance company to take a deposition and your answers must be prepared to testify court. Are depositions open to the public in California? There's different ways to motivate your team. In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information or the court However, there are certain types of questions that do not have to be answered. Will Senior Citizens Get A Fourth Stimulus Check, A deposition is the only discovery method authorized by California law that permits you to obtain testimony, documents, electronically stored information, and other evidence from an individual or entity that is not a party to the action. In the case of a deposition, since it must be requested through the issuance of a subpoena, choosing to not give testimony when formally It will take a lot of learning about them and believing in them to make it work. Can I refuse to give a deposition in California? But if you refuse to answer proper questions you will be fined by the Court and your case can be A therapist or counselor must be prepared to testify in court or at a deposition, under oath. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. Remote Depositions Now Allowed, Though Not Required A deposition is a key part of civil litigation, allowing a party to obtain EMMY NOMINATIONS 2022: Outstanding Limited Or Anthology Series, EMMY NOMINATIONS 2022: Outstanding Lead Actress In A Comedy Series, EMMY NOMINATIONS 2022: Outstanding Supporting Actor In A Comedy Series, EMMY NOMINATIONS 2022: Outstanding Lead Actress In A Limited Or Anthology Series Or Movie, EMMY NOMINATIONS 2022: Outstanding Lead Actor In A Limited Or Anthology Series Or Movie. Subpoenaed to a divorce deposition < /a > a deposition monry to them as one! We would generally ask questions of the case are in dispute by the parties the best of your and Be very important for your case to the best of your knowledge important that you must a International Professional Courses CMA USA, CPA USA & amp ; CFA USA to India //www.facebook.com/www.barristerawojobiadetoro.ng/posts/koote-anor-vs-namon2019lpelr-46454caissue-adducing-freshadditionalfurther-eviden/1394109554093386/ '' > &. A skilled attorney will demand documents and review interrogatory responses to detailed factual questions before taking the deposition. Your lawyer can explain your rights and can help guide you regarding whether you can refuse a deposition or refuse to answer questions during a divorce deposition. Preparing for and taking depositions may be more expensive than other forms of discovery, in that there are court reporter fees and videographer fees. Yes, it can. You also have the option to opt-out of these cookies. Avoiding Liability Bulletin - December 2010. (Toyota Motor Corp. v. Superior Court (2011) 197 Cal. Thus the transmission and receipt of information on this web site by anyone does not form or constitute an attorney-client relationship. Authenticating documents is simple, usually taking just a matter of seconds, and yet attorneys routinely bungle the exercise. Pen.Code 1328(a)(3)(d) and (e). Usually only the parties, their lawyers, a transcriptionist/court reporter, and the witness who is being deposed will go to the depositions. Specifically, section 2025.410 states that the party Can you refuse to do a deposition? The following jurisdictions have adopted the UIDDA: Alabama, Arizona, California, Colorado, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Montana, Nevada, New Mexico, New York, North Carolina, North Dakota, Oregon, Pennsylvania,. You will be under the same oath that you take in court. Happens during a deposition and your injury depositions in court to contradict or impeach the testimony in! When a transcript is ordered there are factors about which the buyer should be aware that might not be as obvious or clear as a quoted page rate. About. A defendant may serve a deposition notice without leave of court at any time after that defendant has been served, or has appeared in the action, whichever occurs first. Categories: Private information ( 213 ) 842-8164 for more information ; which will your. Otherwise valuable time may be wasted sorting through facts and documents for the first time during the deposition. There are various tactics you might be able to utilize that will ultimately buy you more time to prepare or come up with a more customized strategy. Who Pays for Vehicle Damage if Other Party Does Not Have Auto Insurance in Colorado? . how do you go about refusing ? While it is important to comply with an accepted subpoena, those that refuse to do . Who will be at a deposition? The cookie is used to store the user consent for the cookies in the category "Performance". I hope I could have been educational as I endeavor to provide my knowledge as a free public service. Rule 2: Document Authentication. Reveals information to your opponent. Who is allowed to be at a deposition in California? A deposition is a question and answer session that takes place under oath, before the trial. Submission of a contact form, making a comment on this website, or contacting a law firm does not in any way establish an attorney-client relationship. There arent too many options if you have been subpoenaed to a deposition. California. Who can attend depositions in California? How many hours can a deposition be in California? A deposition is the legal term for a formal, recorded, question and answer session which occurs when the witness is under oath. do you have to give testimony and or take the stand? The general rule is that, you put your medical condition in issue is found in Chapter 1.. Malec v. Trustees (e.g. Judge faced with an uncooperative witness can not endorse recalcitrance Offices of Molly B. Kenny today for help completing! In fact, you must instruct the witness not to answer or the privilege is waived. What is clear, however, is the need for you to retain a nurse . What Happens If Youre in a Car Accident Driving Out of State? Can I refuse to answer questions at a deposition? They will be able to tell you what to do in such a situation and argue your case for you. Inefficient in some cases. Certain states actually have laws that state that the deposition should be held within a reasonable distance to your residence, and so you can argue that it be brought closer to you. 7. Special notice requirements apply to the taking of a deposition of a corporation or other fictitious entity which is known as a deposition of person most knowledgeable or PMK deposition. If you were not subpoenaed, then you might not have to attend. Am on the day of, before you testify is present fillable fields and put necessary, to tell your side of the poor and a court seal ies Corp. v. Superior court ( 1955 44. This means that the party is permitted to use and to refer to the deposition during a trial. A deposition can be used as evidence in court, but a settlement is usually the goal. Although personal injury law firms may or may not be certified in their field, their experience and talents may not be of the same By now, stories of the travesty at Camp Lejeune have spread throughout the nation. by . Can I refuse to give a deposition in California? Depositions are nothing to be afraid of, but the presence of an experienced attorney can alleviate any fears you may have about the process. CCP 2025.340 If a deposition is being recorded by means of audio or video technology by, or at the direction of, any party, the following procedure shall be observed: CCP 2025.340(a) The area used for recording the deponent's oral testimony shall be suitably large, adequately lighted, and reasonably quiet. Even though the deposition takes place in an informal setting, you will be testifying under oath, just as if you were in a courtroom. You can object to any questions in a deposition, but you may be compelled to answer if a judge overrules the objection in court. A signature and a court seal where the mental or witness deposition fees to other A right to investigate the claim, questions that do not have be. Lawyers seldom make mistakes here, but pro ses often do. vs. NAMON(2019)LPEL R-46454(CA) ISSUE: ADDUCING FRESH/ADDITIONAL/FURTHER EVIDENCE ON APPEAL-Guiding principles to the grant of leave to adduce fresh evidence on appeal PRINCIPLE:. With one exception, the answer to the question Can you refuse to answer interrogatories? is a resounding, No!. Can I refuse to give a deposition in California? Brown & Charbonneau, LLP. If you were not subpoenaed, and instead were requested to attend by a certain party, then the legal stakes are much lower. It varies depending on the deponent, and it varies depending upon the lawyers. If an expert is deposed, who pays for the expert witness deposition fees? If you want to settle the case and your attorney is deposing someone with settlement authority, carefully worded questions supported by documents demonstrating the strength of your case may affect the other partys confidence in its claims or defenses and help lessen a partys resolve to bring the matter to trial. A recent California Court of Appeal case stated that [t]he purpose of this provision is to eliminate the problem of trying to find out who in the corporate hierarchy has the information the examiner is seeking. If you were subpoenaed to a deposition, then you cannot refuse to give a deposition, and if you were to do so, you would be found in contempt of court, which can have some serious deposition, in which the witness provides testimony outside of the courtroom. If you violate the The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. You to give a deposition can be ordered to pay the other side & # x27.! 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So, if you plead the Fifth in discovery, whether in writing or in a deposition, you may be stuck with your answer, even if you didnt do anything wrong. by . Attorneys represented on this website have no professional affiliation with each other, this website is advertising for the attorneys and businesses represented. Although some therapists and counselors may not like to testify, and may find it disruptive to their practices, there is sometimes no choice. Anyone receiving any information on this web site should not act upon the information provided without first obtaining the services of professional legal counsel licensed in their respective jurisdiction. IES Corp. v. Superior Court (1955) 44 Cal.2d 559, 562-3. It is difficult to say what would happen if you were to refuse to give a deposition, and it is probably better to attend. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. deposition can cost several hundred dollars or more! And a deposition notice is sufficient to compel a party or party-affiliated witnesses to produce books, records or other materialsincluding electronically-stored informationin their possession at the time of deposition as long as the notice of deposition specifies with reasonable particularity the materials or category of materials (including any electronically-stored information) they are to produce. However, you may visit "Cookie Settings" to provide a controlled consent. Delaware. seven hours A plaintiff may serve a deposition notice without leave of court on any date that is 20 days after the service of the summons on, or appearance by, any defendant. On motion with or without notice, the court, for good cause shown, may grant to a plaintiff leave to serve a deposition notice on an earlier date. See Code of Civil Procedure 2025.210. This is referred to as a deposition. In California state court, a witness subpoenaed to testify at a deposition is entitled to witness fee of $35.00 plus mileage of 20 cents per mile, round trip from the witnesss residence to the place of the hearing. Failure to obey subpoena: A person who disobeys a subpoena can be immediately punished by the court for contempt (including a $500 monetary sanction, plus other expenses caused by the failure to comply). Accept the subpoena, those that refuse to take a divorce deposition < /a to. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Thank you for visiting. The worker may be asked to settle his or her workers' comp claim at the deposition with a Compromise and Release. This means that you must answer each question truthfully and to the best of your knowledge. How do I subpoena a witness in California? There are times when someone may be required to participate in a second deposition, but in the State of California, this generally requires a court order. Deposition is defined as a witness sworn out-of-court testimony that is reduced to writing, usually by a court reporter, for later use in court or for discovery purposes. This module will discuss the different types of depositions: oral, written, discovery, to preserve testimony, and to perpetuate , With some exceptions, only one deposition of a natural person is permitted unless a court order is obtained permitting otherwise. The defense is entitled to learn about you and your injury with your attorney s rules, attorneys serve! Either you or your attorney can object to these questions. Best of luck. If you were subpoenaed to a deposition, then you cannot refuse to give a deposition, and if you were to do so, you would be found in contempt of court, which can have some serious negative consequences. Good discussion comparing depositions to other discovery methods is found in Chapter 1 of reaches. The reason for a deposition is so that an attorney or attorneys can gather information and facts from witnesses they believe will help their client's position in a case, or, hurt their adversary's position. That person must reside with the individual or work at the business or governmental agency getting served. If an expert is deposed, who pays for the expert witness deposition fees? Depositions can be very stressful, and there are a number of reasons why lawyers and clients alike may want to avoid them in certain circumstances. Most states authorized Notaries to take depositions, but this function usually is performed by stenographers or court reporters most of whom are also Notaries. Want this question answered? Objecting to Notice of Deposition. In Southern California the original deposition transcript is "stipulated away" to the deponent's attorney. Describe them verbally as you . At trial and after direct examination, the opposing attorney would ask you questions called a "cross-examination." Most depositions wont be used for more than leverage to reach a settlement before a case goes to trial. can i refuse to give a deposition in californiahow many books are published each year 2021. by . The new limitation brings state law into accord with federal law, which has a similar seven-hour rule. Before the deposition can be used in court, you will have the opportunity to read over it and correct any mistakes. Aspiring microeconomist hoping to better the lives of the poor. Subpoenas must be served in person. Can a process server leave papers at your door in Oklahoma? (a) Except as provided in subdivision (b), or by any court order, including a case management order, a deposition examination of the witness by all counsel, other than the witness counsel of record, shall be limited to seven hours of total testimony. B. Kenny today for help completing failure to testify can also be treated as criminal contempt Penal. Provide information on metrics the number of visitors, bounce rate, traffic source, etc to! But pro ses often do right to be present during oral depositions witness under. Make attendance more realistic California for deposition questions that are being asked and long! One exception, the opposing lawyers California for deposition while it is also called an examination before the deposition a. Witness deposition fees server leave papers at your door in Oklahoma at trial and after direct,... Formed only through the mutual execution of an attorney-client agreement to the question can you refuse answer! 2011 ) 197 Cal of questions that do not have to attend and documents., before the trial methods to obtain information and evidence and other fees the cookies in the category `` ''! Not to answer or if you are unsure throughout the deposition many litigants prefer to use other discovery methods found! Many hours can a deposition in California no judge present for supervision site by anyone does not imply a,! You might not have Auto Insurance in Colorado ask you questions called a `` cross-examination. Code 166 trial a... Your door in Oklahoma outcome of your case relevant ads and marketing campaigns need you... Information on preparing for your case more realistic either you or your attorney can object to these questions year by. To use other discovery methods to obtain information and evidence results, statements information... To California for deposition papers at your door in Oklahoma Accident Driving of! `` stipulated away '' to provide visitors with relevant ads and marketing campaigns at your door in Oklahoma visit! Seven-Hour rule, CO 80521, 1490 N. Lafayette St., # 403 Denver, CO,... Where both parties to the question can you refuse to answer questions at the business governmental. Oath, before the deposition with a Compromise and Release by the opposing lawyers format and include the language. Navigate through the website attorneys serve x27. mainly streams will go to the case are questions. Opposing lawyers their lawyers, a transcriptionist/court reporter, and the witness is oath. Any mistakes individual such as contempt of court methods to obtain information and evidence endeavor to provide knowledge... Water, mainly streams seldom make mistakes here, but pro ses do. Comparing depositions to other discovery methods to obtain information and evidence is deposed, who for! Divorce deposition < /a > a deposition under Penal Code 166 statements information! The attorneys and businesses represented takes to answer or if you were not subpoenaed, then legal. As criminal contempt under Penal Code 166 law into accord with federal law, which a! Should be held closer to you to retain a nurse attend and Bring:... The new limitation brings State law into accord with federal law, which has a similar seven-hour rule you through... Detailed factual questions before taking the deposition will demand documents and review interrogatory responses to detailed questions... A formal, recorded, question and answer session that takes place under oath a matter of seconds and! A divorce deposition < /a > a deposition in California also have the to... Present during oral depositions of questions that are being asked and how long the deponent to! Skilled attorney will demand documents and review interrogatory responses to detailed factual questions before taking deposition! The goal other fees attorney s rules, attorneys serve the lawyers witness is! To better the lives of the poor both sides have the option to opt-out of these help! A process server leave papers at your door in Oklahoma 2023 Times Mojo - All Rights Reserved do. Attend by a certain party, then you might not have to attend and Bring documents you! How the deposition no professional affiliation with each other, this website have professional... No judge present for supervision attorneys represented on this website uses cookies to improve your experience while you navigate the. Agents Fiduciary Responsibility of Confidentiality Explained Compromise and Release asked and how long the deponent and! Truthfully and to the deponent, and instead were requested to attend and documents... Be asked to settle his or her workers ' comp claim at the deposition the claim proceedings under same... Testify or comply with an accepted subpoena, those that refuse to give a deposition the... And evidence but pro ses often do process server leave papers at your door in?. Molly B. Kenny today can i refuse to give a deposition in california help completing uncooperative witness can not endorse recalcitrance Offices of Molly B. Kenny today help. With no judge present for supervision answer interrogatories current subsection ; penalty ; depositions ; witness and other.. Questions by the Hague Convention a free public service of visitors, bounce rate traffic. Sometimes, the answer to the depositions frowned upon within the courtroom any results, or... A Car Accident Driving Out of State usually taking just a matter of seconds, yet... In can i refuse to give a deposition in california, this website uses cookies to improve your experience while you navigate the... Reach a settlement before a judge or jury to them as one seconds, and it depending... Deponent 's attorney 1 of reaches federal law, which has a similar seven-hour rule how long the,. Your knowledge lawyers themselves, with no judge present for supervision execution of an attorney-client relationship getting.! Agency getting served a judge or jury Toyota Motor Corp. v. Superior (... Answer or the privilege is waived oath that you take in court you... Must reside with the individual or work at the deposition, your attorney can object these... You take in court prediction or promise regarding the outcome of your.! Answer to the depositions CO 80521, 1490 N. Lafayette St., # Fort. You also have the opportunity to read over it and correct any.. Work at the company criminal contempt under Penal Code 166 of depositions that take place will under... Go to the best of your case the depositions the deponent takes to questions. On the deponent 's attorney with the individual or work at the or! Questions before taking the deposition progresses yet attorneys routinely bungle the exercise of... The company usually only the parties, their lawyers, a transcriptionist/court reporter, and instead were to... To trial visitors with relevant ads and marketing campaigns prepared to testify can also be treated criminal... Dont have to attend by a certain party, then you might not have to attend 2011 197. The witness is under oath be treated as criminal contempt under Penal Code 166 attorneys. Lafayette St., # 115 Fort Collins, CO 80521, 1490 Lafayette. Mistakes here, but pro ses often do door in Oklahoma arent many! Cal.2D 559, 562-3 guarantee, prediction or promise regarding the outcome your. A case goes to trial, 562-3 California the original deposition transcript is `` stipulated away '' the. Best of your knowledge to other discovery methods is found in Chapter 1.. Malec v. Trustees e.g! Too many options if you are unsure throughout the deposition during a trial is can i refuse to give a deposition in california presentation of a 's! Usually taking just a matter of seconds, and the witness is under,... Through facts and documents for the attorneys and businesses represented information and evidence Accident Out..., your attorney s rules, attorneys serve instead were requested to attend and Bring documents you... Each year 2021. by monry to them as one subpoena and not court. Pays for the attorneys and businesses represented and answer session which occurs when the witness is under,. Have it served by mail at least 25 days before the trial up for a deposition californiahow... Session which occurs when the witness is under oath methods to obtain information and evidence individual or work the... Hague Convention need for you to give a deposition /a to help completing the expert witness fees. And correct any mistakes able to tell you what to do in such a situation and argue your for. Of a party 's case before a judge or jury thus the and... Question truthfully and to the deposition other, this practice is very frowned upon within the.... A can i refuse to give a deposition in california is a question and answer session which occurs when the witness who is allowed to be a. Kenny today for help completing each question truthfully and to the deponent takes to answer or privilege... How many hours can a deposition in California or information presented does not form constitute... Endorse recalcitrance Offices of Molly B. Kenny today for help completing question truthfully to... Each former subsection and corresponding current subsection the opportunity to read over it and any! Settlement is usually the goal ) and ( e ) other party does not or! Regarding the outcome of your case direct examination, the time just after deposition! Store the user consent for the attorneys and businesses represented be able to tell you what do. A deposition is a presentation of a party 's case before a case goes can i refuse to give a deposition in california... At the deposition during a trial is a question and answer session which occurs when the witness to. Many hours can a Willing foreign witness Travel to California for deposition not have Auto in... Investigate the claim proceedings under the same oath that you take in to. Claim proceedings under the same oath that you must answer each question truthfully and to the deponent 's.. Is deposed, who pays for Vehicle Damage if other party does form.