From Margie Shepherd: On February 2, 2010, I went to Los Angeles for what I thought to be my fifth and final deposition. However, my counsel informs me that it was my SIXTH and FINAL DEPOSITION.
This deposition marked a turning point and now change is in play. My counsel will begin deposing the surgeon and nurse this month.
The other five depositions, as well as the February 2, 2010 deposition, were riddled with pressure statements. The constant rephrasing of questions over and over again trying to confuse me.
In my first deposition, I tried to ask a question of one of the opposing counsels who threatened to cite me.
The tactics that are used clearly show the power play corporate America continues to inflict and condone time and time again. This tactic does not offer solutions, instead, it’s another avenue to continue to break the spirit of the American people. My opinion? Clearly my constitutional right of ‘FREEDOM OF SPEECH” was infringed upon. We the people need to take an active part in the area of REFORM! If we are going to succeed , We must have faith in who we are!
I have been advised by my counsel that my testimony at all six depositions were excellent. Preparation is key. You must understand the purpose and format of a deposition. KNOWLEDGE IS POWER!
In my first Blog column I gave my DNA formula for success. As a reminder, my one word working tool is TENACITY, the definition is BELIEF, FAITH, POSSIBILITIES, COMMITMENT, and INTEGRITY. My DNA success formula and belief in the people pulled me through the stress of six depositions.
DO YOU KNOW AND UNDERSTAND THE PURPOSE OF A DEPOSITION? I didn’t ! Upon my legal counsel filing all of my cases, I began to prepare myself thru research what to expect and how to respond. Once I had a clear understanding of what a deposition was, it became abundantly clear - TELL THE TRUTH !
People who don’t understand automatically go to assumption ! Be clear with yourself. Acquire knowledge.
Please review the definition and purpose of a deposition.
DEFINITION AND PURPOSE OF A DEPOSITION !
In law, a deposition is a witness’s out of court testimony that is reduced to writing for later use in court for discovery purposes. In the United States it is taken during an examination before the trial in which litigants gather information for trial.
The chief value of obtaining a deposition by examination before trial, as with any discovery proceeding, is to give all litigant parties in a contested case a fair preview of the evidence. The process provides a “level playing field” of information among the litigants and avoids surprises at trial (traditionally regarded as an unfair tactic). Another benefit of taking a deposition is to preserve a witness’s recollection while it is still fresh, since the trial may still be months or years away. When a witness’s testimony in open court is inconsistent with that given at examination before trial, a party can introduce the deposition to impeach (or contradict) the witness. In the event a witness is unavailable for trial, their deposition may be read or played before the jury and made part of the record in the case, with the same legal force as live testimony. In some states, stenographic, audio, or video records of depositions can be offered into evidence even if the witness is available.
Sometimes, after a number of witnesses have been deposed, the parties will have enough information to reasonably predict the outcome of a prospective trial, and may decide to arrive at a compromise settlement, thus avoiding trial and preventing additional costs of litigation. Accordingly, while most examinations before trial are not videotaped, opposing counsel may use the opportunity to get an impression of the witness’s affect and appearance, because these are telling factors as to how that person will present in front of a jury.
Remember daily you need to work on your INNER STRENGTH, CLARITY, and INTEGRITY.
PLEASE FORWARD YOUR COMMENTS AND QUESTIONS TO MY BLOG.
I am still that little girl from nowhere that believes we the people can and will make the difference!
We all must “Keep on Going!”