In a deposition, Is the defendant required to appear if the defendant has already entered a written confession?

Asked over 1 year ago - Edwardsville, IL

In a deposition, Is the defendant required to appear at the Plantiff's attorney's office if the defendant has already entered a hand delivered typed confession to the circuit clerk's office? The defendant does not feel it is necessary since they voluntarily submitted the document. Also, the document was signed by the defendant and stamped inside the the circuit clerk's office. Furthermore, the defendant does not understand the reason for the deposition since they met face to face with the Plantiff's attorney at the initial Conference Hearing. What would be the advantages or disadvantages to the having the defendant attend a deposition held by the Plantiff's attorney?

Attorney answers (3)

  1. Joshua Sachs

    Contributor Level 19

    4

    Lawyers agree

    Answered . This sounds like a civil case, not a criminal case. Haveyou posted it properly?

  2. Jeremy Wayne Sackett

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . The Defendant is required to appear at the deposition. It may seem redundant given the fact that he has already met with the plaintiff's attorney and signed a "confession," but the deposition may be the only way the plaintiff can preserve his/her evidence in this case. The rules of evidence are complicated, and without seeing the document, I would probably say it is inadmissible. To answer your second question, the advantages of having a defendant attend a deposition are numerous. Not knowing the specific details of your case though makes it hard to discuss the actual purpose of the deposition or its strategic advantages.

  3. Michael Douglas Shafer

    Contributor Level 20

    2

    Lawyers agree

    Answered . It rings of a civil case, but appear for the depo with your attorney and straighten it out.

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