The following is an example of an abusive tactic that may be utilized by defense attorneys during a deposition.
Making Objections Frequently
Your Orange Park injury lawyer knows how difficult it can be to take your deposition when the defense attorney continually raises objections. Frequent objections tend to:
Distract the witness;
Interrupt the testimony flow;
Confuse the course of the deposition; and
Impede productive discovery.
As consistent with Rule 31 as listed in the Rules of Civil Procedure, the defense attorney and your Orange Park injury lawyer are wise to reach an agreement before the deposition begins so that every objection to materiality, relevancy or competency will not be waived by a failure to raise them during or before the deposition. Some objections that pertain to foundation or form are better made during the deposition in order for the opposing counsel to clear the error if it is necessary; otherwise, objections not raised at deposition time are typically not waived. Unobtrusive, polite objections that are followed with instructions to answer are acceptable, but your Orange Park injury lawyer should not let the defense attorney object too frequently.
If the defense makes frequent objections that your Orange Park injury attorney believes are abusive in nature, a response such as the following is advised:
Ms. Defense Attorney, you have made 10 objections in the last five minutes. Let us agree and state that you maintain a standing objection, and I will make no assertion that such objection has been waived by you when the court receives this case. The record now notes your objection, and I ask that any further frequent objections be ended. As you are aware, relevancy, competency or materiality objections are not waived by any failure to raise them at this deposition. I am confident my questions have proper foundation and form, but if you object to any of them, you will be able to do so at trial if I choose to use them there. I will afford you with likewise courtesy during the time of your questioning.
John Fagan, a competent personal injury attorney, can help you understand and prepare for your deposition. Please call 904-278-1000 to request a free consultation with an experienced and knowledgeable Orange Park injury attorney.
John is a Jacksonville native who grew up on the First Coast. He graduated from Bishop Kenny High School in 1975 and went to college at Florida State University where he completed a 4-year program in 3 years. John graduated from the Florida State University College of Business in 1978 and went straight into Florida State University College of Law. While in law school, John earned a position on the prestigious Law Review Board serving as its Business Editor. As a law student, John studied in the Oxford program. He also interned with the Florida Legislature working in the Florida House of Representatives Criminal Justice Committee. John was admitted to the Florida Bar in 1981.
John began his legal career as a law school intern in the State Attorney's Office in Jacksonville in 1981. After his internship, legendary State Attorney Ed Austin hired John as a full-time Assistant State Attorney for the Fourth Judicial Circuit (Clay, Duval, and Nassau Counties). As a prosecutor, John tried jury and non-jury trial on charges ranging from DUI to Murder.
In 1983, John moved from the State Attorney's Office to begin his career in private practice. He has practiced law for 30 years on the First Coast. For the last 20 years, John and his family have made Clay County their home.
John limits his practice to personal injury and disability cases. While there are many fine attorneys in Clay County, John is one of only a few Clay County attorneys who limit their practice to personal injury and disability cases. John takes pride in helping clients resolve injury claims in ways that avoid the stress, uncertainty, and the expense of unnecessary litigation.
John is the past President of the Clay County Bar Association and has served on the Board of the Clay County Bar Association from 2009-2013. He is an active member of the Florida Bar, and the Federal Bar of the Middle and Southern Districts of Florida. He is also a member of the American Association of Justice, the Florida Association of Justice, the National Organization of Social Security Claimants' Representatives, and the National Organization of Veterans' Advocates.
Service to the Community
John is involved in the Clay County Community serving as a member and Director of the Rotary Club of Orange Park, of the Clay County Bar Association, and the Putnam County Bar Association.
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