What Happens at a Deposition?

Receiving notice in the mail that a party in a lawsuit wants you to attend a deposition can often be intimidating if the person has never experienced a deposition before. Naturally the person who receives the notice questions whether they are legally obligated to attend the deposition, who is requesting their presence, and most importantly, what will happen during the deposition. Simply put, a deposition is a formal procedure where the one being deposed (Deponent) will sit in a room and answer questions the attorney has prepared for you. This in no way means that a deposition should be taken lightly. Depositions can often be the most important factor between winning and losing a case.

Do I have to show up for the deposition?

It depends. There are certain rules that the attorney who is looking to conduct the deposition must follow. For instance, although it varies from jurisdiction to jurisdiction, typically the deposition must occur within a certain distance from the deponent’s residence. If you received a subpoena, the court is ordering you to appear for the deposition. If you do not appear, the court may find you in contempt.

 Do I have to tell the truth?

 Yes. Before the deposition begins, the deponent is placed under oath.

What if I do not know the answer to the question?

If you do not know the answer to a question, it is okay to say so. The point of the deposition is for the person conducting the deposition to gather facts based on the deponent’s deposition. If the deponent truly does not know the answer to the question, he or she cannot help in that matter.

Who is going to be at the deposition?

There will definitely be a court reporter, the attorney conducting the deposition, and the deponent. Often the client of the attorney conducting the deposition, another party in the lawsuit, and the attorney for the deponent.

How long does the deposition last?

It depends on the jurisdiction. According to Rule 57 of Arizona Rules of Civil Procedure, the length of the deposition must be reasonable and not exceed four hours. Parties can stipulate to extend past 4 hours and if the one conducting the deposition shows good cause, a court can grant more time. If in federal court, the deposition is limited to one day and cannot extend seven hours.

Will my statements be recorded?

Yes. There will be a court reporter present who will record every word not only the deponent says, but also everyone present.

How do I know the court reporter recorded my statements accurately?

Shortly after the deposition, the court reporter will send a transcript of the deposition the deponent (or the deponent’s attorney) and the deponent will have the opportunity to review it for accuracy.

What will my statements be used for?

Statements made at a deposition can be used by any party for a number of reasons. For instance, the defendant may use the statements in support of a motion for summary judgement or to flush out a lie at trial. On the flip-side, your deposition transcript may not be used at all. It depends on the case.

If you have further questions about depositions, do not hesitate to contact my office.

How is the new Overtime Rule going to Affect Me?

Earlier this week, The United States Department of Labor announced that they were going to make changes with the overtime requirements that would subsequently effect employees and employers alike. The plan has received criticism from some employers and praise from most employees. Regardless of whether you are an employer or an employee, it is important to know what the new rule requires.

Under the new rule announced by the White House, employees making a salary of less than $47,476 will automatically qualify for overtime pay when the employee works more than 40 hours in one week. The current threshold for requiring the employer to pay overtime wages to an employee who works more than 40 hours is $23,660. Despite the fact salary employees often work more than 40 hours in a week, they are currently not eligible for overtime pay if they make more than $23,660. Starting December 1, 2016, if an employee who earns less than $47,476 and works more than 40 hours in a week, the person will automatically qualify for overtime pay.

   The biggest question surrounding this announcement is how the employers will react. Some have predicted that employers will simply cap the hours an employee can work at 40 to prevent the employee from being eligible. Others predict that if an employee makes right below $47,476, the employer may opt to give the employee a raise just high enough to get him or her over the $47,476. Doing this may cost the employer money initially but depending on the specific employee, it could save the employer more money by not having to pay overtime wages every paycheck.

Every employer/employee relationship is different. Naturally how the employer in any given situation reacts will vary. Regardless if you are an employee or an employer, you need to know your rights and understand what you can do to either earn more money, or save it.

If you have any questions about this rule change and are wondering how it may affect you, do not hesitate to call my office.

Do I Really Need a Will? The Importance of Having a Last Will and Testament

No one likes to think about death and what will happen after here on Earth, but it is undeniable that death can show itself at any time. Unless you have a secret potion or know someone capable and willing to bring you back from death (Yes, that was a Game of Thrones reference), your time here is done once you take your last breath. This all the reason to have a valid and up- to- date will before that day comes.

Many people are under the impression that because they do not have many assets, they should not bother with executing a will. What people like this fail to appreciate is that most people, even people with few assets, usually have possessions that they want to end up in the right hands after dying. For instance, most people have vehicles, family heirlooms, and jewelry at the time of death. It makes sense to have control over who gets what instead of having a stranger decide for you.

If a person passes away without a will, the person is considered to have died intestate and anything the person owned will be distributed according the Arizona Intestate Succession laws. Arizona has set up laws that determine who will receive what and in what order. A number of factors come into play at this stage, such as whether or not the decedent was married, how many children he had, and who has died before him. This stage can be especially complex in Arizona since Arizona is a community property state. It is often difficult to determine what is considered community property and what is sole and separate property between the decedent and his spouse. This is compounded with the fact that going through probate without a will can be costly for the decedent’s loved ones and often lead to familial strife.

Whether you are young, old, rich, or poor, everyone can learn something from Prince’s death and why it is vital to have a will. On April 21, 2016, many were saddened to hear of the singer’s death but later were surprised to hear he died intestate. Now there are reports that potential family members are coming out of the woodwork claiming to have a stake in his estate. A number of individuals, including an inmate in a high security prison, have come forward claiming to be an heir and have requested DNA tests. Clearly Prince’s death is an extreme example of the effects of dying intestate, but it surely shines light on the importance of having a last will and testament. His family members, like many across the country, are going to spend thousands of dollars in attorney fees and court costs to determine how the estate is to be distributed; something that could have easily been avoided if the decedent had a will.

I have been drafting wills for my clients for over twenty years and take pride in precisely describing how my clients’ estate is to be distributed. If you have any questions about executing a last will and testament, fell free to contact my office and I will happy to speak to you.