Thursday, August 6, 2015
Bill Cosby Ordered to Submit to Deposition
Under California Civil Procedure laws, a deposition of a party is usually set by the mutual agreement of the attorneys and a simple "Notice of Deposition". Having to be ordered to appear is not usual and means that Cosby has refused to attend and a "Motion to Compel" his attendance had to be filed. Under CA law, Cosby will be required to answer all questions asked with the only exception being questions where his attorney instructs him not to answer. His attorney may make legal objections to the questions being asked but, should not instruct his witness not to answer except on the grounds of privilege or privacy. These are fairly limited grounds. Despite these rules, however, depositions in cases like these, in my experience, can get very confrontational. Often times, defense counsel in sexual assault cases.
California has a new rule that requires most depositions in personal injury claims to be completed within an 7 hours. If the parties get contentious and objections and instructions not to answer certain questions are made, I wouldn't be surprised if the plaintiff asked for additional time and/or to compel certain questions to be answered. I will continue to follow this story.