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Old 12-31-2023, 11:09 PM
 
Location: Phoenix, AZ
6,341 posts, read 4,920,036 times
Reputation: 18009

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Quote:
Originally Posted by V8 Vega View Post
I did answer that I owned my house and car, which I regret and wish I hadent.
Doesn't matter.

It's easy enough to do an asset check and find those out.
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Old 01-01-2024, 10:27 AM
 
15,470 posts, read 7,522,309 times
Reputation: 19400
Quote:
Originally Posted by V8 Vega View Post
The Lawyer had me do a sworn deposition last Friday via zoom. My insurance claims adjuster and a lawer from my insurance also was there and advised me when I didn't have to answer the lawyer's questions. I did answer that I owned my house and car, which I regret and wish I hadent.
You pretty much have to answer those questions if they are asked. When I worked for a law firm that did accident cases, those were common questions in depositions.
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Old 01-01-2024, 04:33 PM
 
Location: New York Area
35,118 posts, read 17,071,355 times
Reputation: 30273
Quote:
Originally Posted by V8 Vega View Post
The Lawyer had me do a sworn deposition last Friday via zoom. My insurance claims adjuster and a lawer from my insurance also was there and advised me when I didn't have to answer the lawyer's questions. I did answer that I owned my house and car, which I regret and wish I hadent.
Inmost states and most federal proceedings, in the face of a relevancy objection you would answer and the answer wold be stricken if sustained. Sort of like unringing a bell. On your own you would have to refuse to answer and they may have to seek a judicial ruling. Unclear as to what the judge would do.
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Old 01-02-2024, 12:08 PM
 
Location: Vallejo
21,874 posts, read 25,187,651 times
Reputation: 19098
Quote:
Originally Posted by adjusterjack View Post
Doesn't matter.

It's easy enough to do an asset check and find those out.
It does matter. It's no fun getting hauled in front of a judge who holds you in contempt to spend 72 hours in jail. It takes a while to get to that stage, but I've seen it happen a few times. It's almost always pro per defendants though. Attorneys talk sense into their clients otherwise.
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Old 01-02-2024, 12:35 PM
 
14,409 posts, read 14,329,059 times
Reputation: 45744
Quote:
Originally Posted by Malloric View Post
It does matter. It's no fun getting hauled in front of a judge who holds you in contempt to spend 72 hours in jail. It takes a while to get to that stage, but I've seen it happen a few times. It's almost always pro per defendants though. Attorneys talk sense into their clients otherwise.
The standard sanction for refusal to cooperate in discovery in a civil case is for a judge to first warn the party that they have to answer the questions. They would probably also be required to pay reasonable attorneys fees if the other party had to bring a motion to compel answers in court. If they refused to answer a second time, the court would take a default judgment against them which means they would simply lose the case at that point and a judgment for monetary damages would be entered against them.

Many judicial districts have a judge available from 9 to 5 everyday who is reachable by phone. His job is to hear discovery disputes when they arise during depositions and make a ruling on the phone so that deposition can proceed.

I will also comment that many people just don't seem to understand that they have to respond to these questions. If a question concerns a matter that is relevant to the subject matter of the litigation and not legally privileged, the deponent must answer the questions. Its not optional and failure to do so will result in sanctions.
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Old 01-02-2024, 12:42 PM
 
Location: South Raleigh
514 posts, read 272,901 times
Reputation: 1397
Just logged in to my USAA account and doubled my liability coverage to $1m per person and $1m per accident. That's the max allowed. Costs me an extra $3 a month. Still have to drive carefully !
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Old 01-02-2024, 02:09 PM
 
15,470 posts, read 7,522,309 times
Reputation: 19400
Quote:
Originally Posted by markg91359 View Post
The standard sanction for refusal to cooperate in discovery in a civil case is for a judge to first warn the party that they have to answer the questions. They would probably also be required to pay reasonable attorneys fees if the other party had to bring a motion to compel answers in court. If they refused to answer a second time, the court would take a default judgment against them which means they would simply lose the case at that point and a judgment for monetary damages would be entered against them.

Many judicial districts have a judge available from 9 to 5 everyday who is reachable by phone. His job is to hear discovery disputes when they arise during depositions and make a ruling on the phone so that deposition can proceed.

I will also comment that many people just don't seem to understand that they have to respond to these questions. If a question concerns a matter that is relevant to the subject matter of the litigation and not legally privileged, the deponent must answer the questions. Its not optional and failure to do so will result in sanctions.
In the time I did work for a tort law defense firm I never saw a summary judgement for refusing to answer a question for the second time. Normally, that would result in major sanctions against the refuser and an instruction to the jury to use the refusal in the worst possible light.

I saw one case where the defendant refused to answer about 150 questions in a deposition, some as simple as "Do you live at XXX address". The plaintiff made a motion to go in front of the judge, who agreed, and made the defendant answer all but 10 questions while sitting in the courtroom. The judge then granted a motion for $15,000 in sanctions, to be paid immediately. In other words, answer the questions.
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Old Yesterday, 08:37 AM
 
Location: Sylmar, a part of Los Angeles
8,351 posts, read 6,443,466 times
Reputation: 17468
I'm the OP, it's been 6 months, I haven't heard anything for a long time and I figure its better to let sleeping dogs lie rather than inquire. I'm wondering if the police report confirms my description of the accident that he hit me, I didn't do anything wrong. And they have decided to drop their case.
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Old Today, 12:05 PM
 
Location: Vallejo
21,874 posts, read 25,187,651 times
Reputation: 19098
Call adjuster and ask for the police report and if the claim is still pending.
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