QUESTION

if one can give a deposition in the form of an affidavit then why would someone ever want to appear in court to give a live testimony?

Asked on Aug 28th, 2012 on Contracts - California
More details to this question:
wouldn't it make sense to not appear in court as a witness because you'd be cross examined, as opposed to signing an affidavit.
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1 ANSWER

Business Transactions Attorney serving Los Angeles, CA at Doland & Fraade
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Your assumption is incorrect. One cannot give a deposition by affidavit. A deposition does provide for cross examination. Even if one is deposed and there is cross examination they can be compelled to testify at trial (by a notice to appear or supoena) so the tryer of fact (judge or jury) can evaluate the credibility of the witness.
Answered on Aug 30th, 2012 at 12:22 PM

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