Los Angeles, CA asked in Personal Injury for California

Q: Written deposition mailed by non-party

That would be very bad idea to confront specific questions relevant to matters crucial to lawsuit. Just because attorneys did not intercept.

As plaintiff, I would take such risk in order to obtain real answers instead of casuistics.

Any other risks?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Mailing a written deposition by a non-party can lead to some significant risks. First, this action might violate procedural rules, which could result in the deposition being excluded from the case. This could weaken your position if you rely on the answers provided. Additionally, there’s a risk that the responses may not be fully accurate or reliable without the presence of attorneys to object or clarify the questions.

Another risk is that the other side could claim that the deposition was not conducted properly, which may lead to further disputes, delays, or even sanctions. The court might not accept the responses or could question the integrity of the process if it deviates from the proper legal channels.

It’s always important to consider the legal procedures in place to ensure the deposition is both valid and effective. While it might seem tempting to get answers quickly, the risks of bypassing established procedures can outweigh any potential benefits.

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