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What is a wage affidavit?
The Employer Wage Affidavit and Information Sheet is for the purpose of providing the court with information and records concerning a party's income and benefits to assist the court in making decisions regarding that party's pending case.
Is a deposition the same as an affidavit?
Depositions and Affidavits. When a party or witness offers sworn testimony in an affidavit or at deposition, the element of surprise may not be part of their trial testimony. That means getting the witness to declare their story in writing (in the form of an affidavit or declaration) or in deposition testimony.
What is the difference between deposition and interrogatory?
What are the difference between a deposition and an interrogatory? A deposition is the testimony of a witness given under oath. Interrogatories are parties giving series of written questions to be answered. Depositions are taken before whom?
Can you refuse deposition?
A deponent who, without justification, refuses a deposition when requested via subpoena may be ordered to pay expenses caused by the failure, including attorney's fees for the side that requested the deposition. Other penalties may also exist, so talk to your attorney before you decide to refuse a deposition.
Is a deposition discovery?
A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the “deponent.”
Are depositions expensive?
A: Depositions are expensive. In fact, the part of the case called pre-trial discovery, which is when each side tries to collect all their witnesses, documents, and other evidence to prove their case at trial, is the most expensive part of any civil lawsuit.
Can a deposition be used at trial?
Deposition testimony may be used at trial not only to impeach a witness on the stand, but also as substantive evidence to support your case. Different standards apply at trial for using deposition test- many from an adverse party as opposed to a non-party witness.
Do you testify in an affidavit?
Yes, affidavits are sworn, notarized statements and that gives at least an appearance of being truthful. And, getting a witness to come to court testify may be an imposition on that witness. For that reason, courts do not allow affidavits to be presented as evidence in a legal proceeding.
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