I took the defendant's deposition. Out of 754 questions asked, he responded "I don't recall" and "I'm not sure" for 238 questions. I repeatedly asked if he has a memory problems, but he confirms that he doesn't. He appears as he has a selective memory loss only can remembers what he has been trained by his attorney or being practicing to say. He also requested me to repeat the questions several times for no reason than to waste my time and frustrate me. Is this kind of behavior and/or answering techniques acceptable? If not, what action can I take?
Attorneys use documents in order to refresh recollection, and to prevent uncooperative witnesses from using the type of responses that you elicited with your questions. But, some witnesses will go to great lengths to stonewall you. However, lawyers have an arsenal of discovery tools beyond depositions, including document requests, subpoenas, interrogatories, and requests for admission. It takes skill and experience to use these discovery tools effectively.
Legal Information is Not Legal Advice My answer provides information about the law based on the limited information provided in the questions asked and is not intended to provide legal advice or opinions, and does not constitute an attorney-client relationship. The answer to the question is for educational and informational purposes only. The law differs in each jurisdiction and may be interpreted or applied differently depending on the jurisdiction or situation. Accordingly, I highly recommend that you consult with an attorney to discuss the details of your problem so you can get legal advice tailored to your particular circumstances. I am licensed to practice law in California, New Jersey and Pennsylvania.
as many as the court will believe are the truth.....consider making a motion to compel
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline