Replies to post #80629 on UnifiedOnline Inc fka UOIP

[Scruffer]

Gr8. Billy, "The Brilliant", really knows his specialty.

He hires the best.

Hopefully, he's going to be my (our) hero, soon, very soon.

TY always (and again) for the superb contribution and info provided to this board.

Later Big Daddy, Scruff

[long uoip]

re: Expert Reports and Deposition Testimony
in reference to ~ 498 NOTICE OF SERVICE of Supplemental Expert Report of Cleve B. Tyler, PH.D. filed by ChanBond, LLC.
page 3 cleve CV
ChanBond, LLC. v. Atlantic Broadband Group, LLC., U.S. District Court, Delaware, C.A. No. 1:15-cv-00842-RGA. (Expert Reports and Deposition Testimony)
Jun 22, 2020 (Main Doc­ument)

Web ~re: Deposition basics (for non legal proficient shareholders)
News coverage of high-profile cases often brings into the spotlight the use of depositions and deposition testimony of witnesses which is different from testimony given in court. But what is a deposition and how do they work?

Discovery
To begin preparing for trial, both sides engage in discovery . This is the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial.
Discovery enables the parties to know before the trial begins what evidence may be presented. It’s designed to prevent "trial by ambush," where one side doesn’t learn of the other side’s evidence or witnesses until the trial

Oral Depositions
Depositions usually do not directly involve the court. The process is initiated and supervised by the individual parties. Usually, the only people present at a deposition are the deponent, attorneys for all interested parties, and a person qualified to administer oaths. At the deposition, all parties may question the witness. Lawyers may not coach their clients' testimony, and the lawyers' ability to object to deposition questions is usually limited.

Overview of the Discovery Process
Giving your deposition is probably the most crucial part of your case.
In a lawsuit, all named parties have the right to conduct discovery, a formal investigation, to find out more about the case. Pre-trial access to this information allows the parties to use facts and potential evidence to better define their strategies and avoid delays once the trial begins. In some cases, what's learned during discovery might even help the opposing sides come to a settlement without having to go to trial at all. Discovery can come in a number of different forms, with the most common being subpoenas for relevant documents, interrogatories (written questions), and depositions -- the taking of an oral statement of a witness before trial, under oath.
In many lawsuits, however, depositions play an important role in painting a more complete picture of the events in question.

Deposition Basics
Unlike the information recorded in documents or the attorneys' answers to interrogatories, a deposition involves a living, breathing witness being asked questions about the case. The deposition has 2 purposes: To find out what the witness knows and to preserve that witness' testimony. The intent is to allow the parties to learn all of the facts before the trial, so that no one is surprised once that witness is on the stand. By the time a trial begins, the parties should know who all of the witnesses will be and what they'll say during testimony.

A deposition is an opportunity for understanding the case better and not solely about getting favorable testimony. If, for example, a witness' version of events would undermine your case, that's something you'd need to know about long before trial, since last thing you'd want is to be caught off-guard by hearing damaging testimony for the 1st time when that witness takes the stand. Basically, a deposition is an opportunity for all sides to learn where the weak spots are in their respective cases, then prepare for ways to avoid or rebut them at trial.

How Depositions Work
Depositions don't take place in courtrooms; instead, they usually takes place in attorneys' offices. The attorneys will ask the witness, or deponent, a series of questions about facts and events related to the lawsuit with the entire deposition recorded word-for-word by a court reporter.

All parties to the case may attend the deposition and a deponent often has their attorney present, albeit with a more limited role than the attorney would have in a courtroom. Generally, deposition questions can be broader than what's allowed in court. Attorneys for the deponent or parties to the lawsuit may make objections to some inquiries, but the deponent is usually obligated to answer all proper questions despite objections, which are ruled on later since judges are not present at depositions.

A deposition can be as short as 15 minutes or a long as a week or more for a heavily-involved witness. All depositions are very serious matters and what's said at them is very important. Deponents should listen to the questions carefully and answer them precisely. Remember, deponents are under oath, and any false statements made under oath can have both civil and criminal penalties.