Re: deposition/ rule 30- mass. law civil

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Richard,

Your next step is NOT to contact the judge directly. I repeat,
do NOT contact the judge ex parte.

Your next step is to contact your criminal attorney and your
civil attorney to seek advise on the parameters of questions you
must and must not answer. If you answer nothing, you could be
in contempt. If you answer to many, you may inadvertently waive
your right to refuse to answer the ones related to your criminal
case. This is a precsion thing.

Best plan is to file a motion quashing the notice and subpoena
for deposition. In it you raise 5th amendment grounds. Then
the judge will rules ahead of time. He might not rule on
particular questions until asked or he might bar certain
questions outright. It just depends.

But it must be rulings on the record, not ex parte contact with
the court. That would be a mistake.

On 3/06/05, Ozarks Lawyer wrote:
>
>
> You need to talk to your criminal lawyer about that. You can
> refuse to testify by asserting the 5th Amendment right against
> self-incrimination. I have seen judges to order you to
> testify anyway and seal the deposition until after the
> criminal case. Sometimes, they will uphold your right to
> refuse to testify all together. Other times, they will
> compell you testify at deposition about everything except the
> pending criminal matter. It just depends.
>
> However, in a civil case, the other attorney can argue that
> your refusal to testify implies you are guilty of the
> offense. It's doesn't look good to a jury.
>
> But your primary concern is getting through the criminal
> case. So do what your criminal lawyer tells you, even if the
> civil lawyer advises a different path.
>
>
>
>
> On 3/06/05, 00 wrote:
>> What do the two cases have to do with each other?
>>
>> You have to go to the depo and answer the questions unless
>> you want to be thrown in jail for contempt.
>>
>> On 3/06/05, richaed wrote:
>>> In a civil suit I have been requested to
>>> make a deposition to plaintiffs attorneys
>>> with a court reporter..Problem is ..there is an
>>> outstanding criminal case that has been in progress
>>> prior to the suit that depends soley on the out come of
>>> a jury.. trial.is there a way to go to the deposition
>>> and take the 5th ammendment until this criminal case has
>>> beeb
>>> closed..do I have to make a deposition at all..?
>>>
>>> thank you
>>> any help would be welcome
>>>
>>> richard
>>>