What should you do if you don’t have an attorney for a deposition hearing

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What should you do if you don’t have an attorney for a deposition hearing

Asked on June 21, 2009 under Real Estate Law, Michigan

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

At a deposition, a witness is put under oath and testimony is taken from the witness by an attorney with a court reporter present.  If you are not a party to the lawsuit that gives rise to the deposition, neither of the attorneys (the plaintiff's or defendant's) will be representing you.  If you have been subpoenaed to the deposition, you will have to attend and answer the questions honestly since you will be under oath.  However, you should remember that since you will be providing sworn testimony, that testimony could potentially be used against you in a civil or criminal context.  Therefore, if you feel that your testimony may expose you to civil or criminal liability, you should consult with and/or retain an attorney to represent you at deposition in the interest of protecting your rights.


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