August 2, 2011, - 9:01 pm

Duty Calls & De Bene Esse Depositions

By Debbie Schlussel

Sorry for not posting all day, but I was out for the day preparing for and then conducting a deposition in one of the cases I’ve been working on as an attorney.  Duty calls.  Thanks to all the readers who expressed concern for my welfare in my absence.  And, yes, along with you, the death threats and hate e-mails poured in, too (more about that in a later post).


Lady Justice is Far More Worthy Than Lady Gaga

And the deposition was not your typical deposition.  It was a de bene esse deposition, and was something that happened all of a sudden on a case.  I learned that a key witness was seriously ill and might not be available at the time of trial.  And I needed to secure the witness’ testimony through a de bene esse dep.  An attorney is required to pursue his or her clients’ interests and cases zealously.  And that’s what I do.

So, what is a de bene esse deposition?  It’s something you need to know, in case your lawyer doesn’t.  It could be the difference in winning or losing your case, in either a civil OR criminal matter.

When a witness is ill, dying, out of the country, in a remote location, and/or otherwise may not be available for trial for any number of other legitimate reasons that cannot be addressed, the Federal Rules of Civil Procedure and case law allow an attorney to take testimony for use at trial in lieu of live testimony.  That’s what a de bene esse deposition is.  It is essentially THE trial for the witness in question.  Attorneys for all parties are invited and participate.  The deponent is examined by the party calling that witness.  Then, the opposing party has the opportunity to cross-examine the witness.  And so on . . . just as if it were the trial.  Later on, the video may be shown to jurors, and the judge–who is generally not present and does not preside over the deposition–rules on what questions are admissible and which objections are upheld or overruled.

Today, we had a cameraman and a court reporter present to swear the witness in and videotape and transcribe the proceedings.

We did the deposition outside in the 90-something degree weather and high humidity.  But I thrive in the heat and fresh air, and I was energized.

I will be posting some other stuff later tonight.  I am back in the saddle.  Stay tuned.

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12 Responses

why not
just defame
moslems and their
msm and pc allies
for what they are

satan worshippers

hitler stalin mao-zedung
wreen’t even that
altho despicable

prestigio on August 2, 2011 at 9:23 pm

Thanks for the info. I enjoyed learning.

Yeah, I can see all the freaks bugging you with their dumb hate e-mails. They’ll soon find out you’re not like the others and wilt easily. More power to you!

And the ones who send the hate e-mails…I bet like 90% DON’T understand the issue. They just love to hate you (which is ironic as they are accusing you of being hateful…Liberals are full of hypocrisy…)and 10% are on the side of jihadis.

When you break it down like that it’s more clear to see that all the dopes who harass you are lacking.

Keep on keeping on!

Skunky on August 2, 2011 at 9:27 pm

I’m glad your doing well Debbie, I also understand that your a busy woman with your other profession. I also understand we need a little break from politics, news, world events, etc. because a certain point it can burn you out.

Skunky,

“A the ones who send the hate e-mails…I bet like 90% DON’T understand the issue. They just love to hate you (which is ironic as they are accusing you of being hateful… Liberals are full of hypocrisy…)”

Speaking of which Skunky, take a good look at the Norway thread that’s all the way at the bottom of this website, nothing but hateful, anti-semitic, jew-hating trolls. All those hateful jackasses are writing in their ignorant post is, “the jews are the new nazis, yadda yadda yadda”, “those zionist are evil yadda yadda yadda”, “Debbie is hateful yadda yadda yadda”, “Debbie is this yadda yadda yadda”, “Debbie is that yadda yadda yadda”, “Isreal should give up their land to Palestine yadda yadda yadda”.

Debbie, I hope you leave those comments there on that “Norway thread” so all of us the regular readers/posters on this blog can see their ultra hatred for jews, Israel, and yourself DS! There’s a quote that goes by this, “hell is a place that you cannot reason with”, and right now on that Norway thread you cannot reason with those disgusting, vile and repugnant jew-hating trolls, they are not just hateful, but their also ultra irrational.

“A nation is defined by its borders, language & culture!”

SR: I agree. That’s why I’ve kept most of those comments up and unedited. Great minds think alike. DS

Sean R. on August 2, 2011 at 9:43 pm

I’m also glad that you’re safe Debbie. I visited the Norway Karma (I) thread too and responded to several more of anti-Semitic idiots–only I didn’t try to reason with them. I’m probably going to give up on that thread, too. 🙁

JeffE on August 2, 2011 at 10:12 pm

Good to see this post. Still got a good work ethic.

samurai on August 2, 2011 at 10:23 pm

Thank you for your communication. There are quite a few idiots out there who want their moment of fame, and are not particular about how they get it. So, remain armed and be careful.

Worry01 on August 2, 2011 at 10:45 pm

“I disagree with what you say but I will defend to the death your right to say it.”

Anyone who sends Debbie threats is no better than a terrorist of any race, religion or cause. And the anti-Semitic posts on the Norway posts are horrifying. I suspect (hope?) 99% of them are no more than Internet trolls trying to upset people.

Calling for violence is never an acceptable option.

Dave H. on August 3, 2011 at 12:19 am

Depositions are torture for all parties. I wonder what they did before air conditioning was invented?

What is wrong with a system where only controversies-of-fact can be raised pre-trial, and agreed-to facts are read-in? Some countries operate that way.

In New York, asset recovery for Housing defaults is now a 40 plus year project, in reference only to existing actions. If it doesn’t work; fix it.

Jack Mutt on August 3, 2011 at 12:36 am

When will we see you on court/true TV showing you at your best?

Koeteus on August 3, 2011 at 4:40 am

Fate has played her hand in the case of the baseball fan who was severely beaten. His eyewitness has died because of an allergy to peanuts.- peanuts were served in his salad.

De Bene Esse. Perhaps all attorneys who are involved in very serious, complicated, and far reaching cases should take a tip, from what Debbie has done, for anyone they represent who has or is being substantiated by anyone who has poor health, a risky occupation, or is planning a trip?

Thanks Debbie, I am making a mental note about De Bene Esse.

Dennis on August 3, 2011 at 9:58 am

Thanks for the legal lesson, Debbie!

Rob on August 3, 2011 at 5:31 pm

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