View Full Version : Giving a deposition.
Monday I have to give a deposition. It will be taken at the lawyers office and I was wondering is the place the deposition is taken considered to be an extension of the courthouse? The reason I ask is that I plan to carry my firearm if possible.
This is in Texas.
Gracias.
skeeter1959
08-22-2008, 13:49
It's not an extension of the court house. The depo should be given at one of the attorney's offices. I've been deposed lots of times as I was the risk manager for a large oil and gas company for many years. Your attorney will tell you to only give yes, no and I don't know answers. That's good advice.
BTW, when we deposed someone I always requested video depositions. People hate to see themselves on the screen. :wow:
I would think that depends...
Most states wont allow you to carry in the State Attorneys or Public Defenders Office but I would think that a private attorneys office would be different since its a private business and not state owned and operated.
larry_minn
08-22-2008, 14:50
Personally I wouldn't carry at a deposition. (unless you are giving deposition against gang members) You want to be relaxed as possible.
As said listen to your lawyer. Do not answer questions quickly. PAUSE after each question and think about it. Ask what they mean if you are unsure.
Personally I wouldn't carry at a deposition. (unless you are giving deposition against gang members) You want to be relaxed as possible.
As said listen to your lawyer. Do not answer questions quickly. PAUSE after each question and think about it. Ask what they mean if you are unsure.
It's not a matter of listening to the lawyer, it's a matter of being in the same room with the two LYING pos that hurt my wife. Civil matter.
misskitty5077
08-22-2008, 15:27
It's not a matter of listening to the lawyer, it's a matter of being in the same room with the two LYING pos that hurt my wife. Civil matter.
Definitely leave the gun behind.
I understand your anger but you don't want to do anything that could hurt her chances. An attorney who notices you are carrying might try to use that in his favor claiming you are trying to intimidate his client(s).
Also, it wouldn't be the first time a fight has broken out in an attorney's office. Even if they start it and you resist but they throw the first punch, it will not look good on you to have a weapon there.
I hope your wife recovers what is due to her. :)
Definitely leave the gun behind.
I understand your anger but you don't want to do anything that could hurt her chances. An attorney who notices you are carrying might try to use that in his favor claiming you are trying to intimidate his client(s).
Also, it wouldn't be the first time a fight has broken out in an attorney's office. Even if they start it and you resist but they throw the first punch, it will not look good on you to have a weapon there.
I hope your wife recovers what is due to her. :)
Oh, I'm not angry. I just believe in being prepared, that's all. Seeing how it woulldn't be the first time a fight has brokren out, I should be prepared to defend us if the need arises, and since these guys aren't what you call "stellar" citizens, I don't think I should risk it.
Thanks for the advice.
The Hawk
08-22-2008, 15:49
I agree with those saying not to carry your firearm. However, I would consider carrying pepper spray (in a pocket). If questioned about it, I would respond that I am afraid of dogs.
By the way, this is my first response to Glock Talk. I just joined but have certainly enjoyed reading the many interesting replies. I have gained much wisdom from you folks.
slewfoot
08-22-2008, 16:09
When I was deposed, it was me, and my lawyer, against twenty lawyers in one room. If I had my gun, I may have used it.
Easterbrook
08-22-2008, 16:13
It's not a matter of listening to the lawyer, it's a matter of being in the same room with the two LYING pos that hurt my wife. Civil matter.
The defendants are going to be there, in the same room, while you are deposed?
I'd check to see if you can put the firearm in storage, say a safe prior to the deposition. That way you are still armed when you enter/leave but you don't have it on you when being deposed. Just MHO.
Squaw Man Wolfer
08-22-2008, 16:15
It's not a matter of listening to the lawyer, it's a matter of being in the same room with the two LYING pos that hurt my wife. Civil matter.
Leave gun behind, but take willie pete and frag duct-taped together.
misskitty5077
08-22-2008, 16:25
I agree with those saying not to carry your firearm. However, I would consider carrying pepper spray (in a pocket). If questioned about it, I would respond that I am afraid of dogs.
By the way, this is my first response to Glock Talk. I just joined but have certainly enjoyed reading the many interesting replies. I have gained much wisdom from you folks.
Welcome :wavey:
misskitty5077
08-22-2008, 16:27
The defendants are going to be there, in the same room, while you are deposed?
I think this may be the norm for civil cases. If they aren't there, they still would have been given the opportunity to be.
The Hawk
08-22-2008, 16:35
Thanks for the welcome. See ya' around.
chadster1
08-22-2008, 16:40
Concealed means concealed. Unless a violent life endangering situation happens during the deposition then how would anyone know you are carrying?
The defendants are going to be there, in the same room, while you are deposed?
+1
I don't know who set the depo's that way but if that's the case they are STUPID!
Find a new attorney or have him/her fire their secretary.
minnshooter
08-22-2008, 16:42
I have to give a deposition on Wednesday and the lawyers from both sides as well as the plaintiffs are going to be there. I am really not looking forward to it and might be drinking heavily afterwards.
Kevin
Concealed means concealed. Unless a violent life endangering situation happens during the deposition then how would anyone know you are carrying?
So your telling Quark to carry even if it might be against the law?
So your telling Quark to carry even if it might be against the law?
There's no signs up at the location and it's not considered an extension of the court, so I can't see it being illegal. PLease correct me if I am wrong.
There's no signs up at the location and it's not considered an extension of the court, so I can't see it being illegal. PLease correct me if I am wrong.
You took my post wrong. I'm not saying that its illegal to carry or that you shouldn't carry but chadster1's post (to me) is encouraging you to carry no matter if its illegal or not.
Thanks for the replies, but I don't understand that if it's legal to carry, and I have a permit, why are so many of you telling me not to carry?
It's Texas, son, not danged Nooo Yaaaawk City. :upeyes:
Don't be bullied into not doing what you normally do. And given any set of circumstances, folk can make up eleventy billion hypothetical outcomes, few if any likely come to pass.
Lawyers aren't any different that you or me. They have a job and they do it.
If a lawyer should ask why you have a sidearm, just narrow your eyes at him and reply, "Tried to do in the last lawyer with a baseball bat ... sucker refused to die and my arms got tired." :supergrin:
Thanks for the replies, but I don't understand that if it's legal to carry, and I have a permit, why are so many of you telling me not to carry?
Here on GT your gonna get a lot of people from out state telling you what to do...but what you need to do is look at Texas's concealed carry laws.
I think the people that are telling you not to carry are doing so because you might be emotionally charged in a place where you are talking about people who hurt your wife and the defendants will be there with you.....that could equal a bad situation. From what I have read there is nothing stopping you from carrying but you need to ask yourself if you will be able to carry and not have any emotional outbreak against the people on the other side.
GT is not your lawyer...you need to research this yourself and talk to an attorney.
Thats the only way to be sure.
Ranger.357
08-22-2008, 17:31
I've only ever been deposed once. It was me, and my wife's attorney's in his conference room. The defendants attorney, his aide and a court stenographer were present. No defendants. If it is legal for you to carry there, and you have a ccw, I would. Not because I was expecting trouble but because you are licensed by the state and it is your right. If you have doubts about the legality aspect call another attorney independant of this action and ask him/her if it's legal. They always answer a question or two on the phone for free. Good luck with you case.
I think the people that are telling you not to carry are doing so because you might be emotionally charged in a place where you are talking about people who hurt your wife and the defendants will be there with you.....that could equal a bad situation. From what I have read there is nothing stopping you from carrying but you need to ask yourself if you will be able to carry and not have any emotional outbreak against the people on the other side.
Thank you all, but even if I do have an emotional outbreak, having a firearm in no way means I will go off on a shooting rampage. That's how gun banners think.
Quark Arrange for a off duty LEO to go with you.
jakemccoy
08-23-2008, 15:10
If it's legal and you normally carry, then carry.
NYC Drew
08-23-2008, 16:04
You took my post wrong. I'm not saying that its illegal to carry or that you shouldn't carry but chadster1's post (to me) is encouraging you to carry no matter if its illegal or not.
No; he did not say nor imply that. At the point in the dialogue when he entered, it had already been established that carrying his handgun would not be illegal.
I read his post to say: "Concealed means concealed. Unless a violent life endangering situation happens during the deposition then how would anyone know you are carrying?"
And that translates to:
1. Concealed means concealed.
2. It stays concealed unless someone's life who you care about is endangered, no one should know -
3. ...meaning, it stays concealed.
Of course, I've been wrong before, and I'm going to be wrong again.
'Drew
misskitty5077
08-23-2008, 18:09
Thank you all, but even if I do have an emotional outbreak, having a firearm in no way means I will go off on a shooting rampage. That's how gun banners think.
No, not that at all!
I am thinking words are exchanged, then really heated words are exchanged. All hell breaks loose then the cops are called just because somebody overhears the commotion outside the room and panics. First thing the cops are going to diffuse the situation and most likely you'll get a patdown. The other attorney for these guys can have a field day with that. "He threatened me with a gun. Blah, blah, blah."
If you still want to risk that, what about day planners, your wife's purse (if she has a permit, too) and so on?
chadster1
08-23-2008, 21:00
So your telling Quark to carry even if it might be against the law?
No I am not telling him to break the law. Several people posted that it might look bad if the lawyers found out he was carrying. I was trying to make the point that no one will find out if he is carrying concealed. In Texas, he would be able to carry in his attorneys office unless they have the building posted with the proper signage.
Peace Warrior
08-23-2008, 21:02
I dont know about the carry issue, but "I don't know" is a legitimate answer.
true believer
08-23-2008, 21:09
GT is not your lawyer...you need to research this yourself and talk to an attorney.
Thats the only way to be sure.
best advice and its was free!!
if you think you'll have to pull your gun why go?
maybe you should have the police at the depo..or at least talk to your lawyer and tell him or her how you feel...
:dunno:
ps
is this something you should even be talking about on a public chat room?
best advice and its was free!!
if you think you'll have to pull your gun why go?
maybe you should have the police at the depo..or at least talk to your lawyer and tell him or her how you feel...
:dunno:
ps
is this something you should even be talking about on a public chat room?
Wow! Then why carry at all?
Ranger.357
08-25-2008, 14:37
Wow! Then why carry at all?
That's what I was thinking too.
Gun control is not about guns; it's about control. Free men do not ask permission to bear arms.
I guess this thread brought out a lot of democrats, huh?
Cody Jarrett
08-25-2008, 15:32
Depending on the issue, you may be sworn before being deposed and the deposition may become part of the court record with said certified transcripts admitted in court.
Ranger.357
08-25-2008, 15:45
Depending on the issue, you may be sworn before being deposed and the deposition may become part of the court record with said certified transcripts admitted in court.
By definition, it is definately sworn.
In law, a deposition is witness testimony given under oath and recorded for use in court at a later date. In many countries, depositions are given in courtrooms. In the United States, they are usually taken elsewhere. In the United States, it is a part of the discovery process in which litigants gather information in preparation for trial. Some jurisdictions recognize an affidavit as a form of deposition.
http://en.wikipedia.org/wiki/Deposition_(law)
Peace Warrior
08-26-2008, 12:52
Depending on the issue, you may be sworn before being deposed and the deposition may become part of the court record with said certified transcripts admitted in court.
Your are sworn (or affirmed) to tell the truth. If you knowingly lie, you are screwed as far as your part in the case is concerned.
I say KNOWINGLY lie as I once told someone deposing me that I never spent time in jail on a similar issue. In my mind I was telling the absolute truth because I was released after my arraignment, meaning NOT sentenced, but during "their side's" depostion I disclosed my arrest and they tried to say I lied during the first deposition. My attorney hammered it out based on the actual wording of the two different questions, but it was touch and go for a while.
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