Can this deposition be thrown out

[Class592007]

What is the name of your state? Tennessee

We only had 10 minutes to prepare for a deposition and then when we got in there the opposing lawyer had to rush us because he had to go to a funeral. He kept saying things like you know this man don't you over and over again. My husband who had never been deposed finally said yes. He did this with a number of things and when it was my turn he asked me if the statement he had given my husband was true. I said no and he asked another question and it was apparent he did not like my answer and the deposition was over. He taped it and used a video camera. Can it be thrown out and how. Our lawyer said nothing through the whole session. He was supposed to dipose the people we were suing but since there lawyer had to go to a funeral it was not possible.

I feel he was leading my husband and because he had us in such a rush he answered the questions with the wrong answer.

what can we do?

 

[stephenk]

Unless your hubby has some mental problem that prevents him from being able to understand a question before answering it, there is nothing in the post to get "the deposition thrown out." If your husband didn't understand the question he should have said so. Answering a questions means you heard and understood the question.

If your hubby wants to change his answers when the transcript is provided to him, he can do so. However, changing answers to the transcript can raise serious credibility issues for your hubby.

Discuss the problems with your attorney.

 

[You Are Guilty]

I respectfully disagree. In TN, it appears all that is legally required to throw out the deposition is to obtain a copy from the reporter/opposing counsel, ensuring that it is complete and accurate, than place said deposition into a refuse recepticle of one's choosing. Not complicated at all.

 

[BelizeBreeze]

I respectfully disagree. In TN, it appears all that is legally required to throw out the deposition is to obtain a copy from the reporter/opposing counsel, ensuring that it is complete and accurate, than place said deposition into a refuse recepticle of one's choosing. Not complicated at all.

Actually, you are BOTH wrong. While I agree with YAG that a deposition can be thrown out, CPL 14.5.013 requires that any such document or collection thereof be deposited with the Davidson County Public Works department for recycling into Outhouse reading materials for the mentally challenged or fellow attorneys, whichever class of citizens is at the more intellectually challenged status.