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Category: Litigation

When can you refuse to answer a deposition question?

Litigation By Binnall Law Group - 2023/01/12 at 02:18pm

First, it is important to understand what a deposition is. A deposition, or an oral examination under oath, may be taken during discovery in a lawsuit or other court proceeding. The rules for depositions vary by state and in federal court, but generally, the deponent must answer every question presented, regardless of objection, unless the answer is protected by a privilege or a court order.    A deposition will usually be taken before a court reporter authorized to administer oaths. It is normally taken at the office of one of the attorneys in the case, and it is under the penalty […]

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WHITE COLLAR CRIMINAL DEFENSE – WHEN A COMMON INTEREST AGREEMENT CAN STRENGTHEN A COMMON DEFENSE

Litigation By Binnall Law Group - 2023/01/12 at 01:59pm

When separate and often unrelated parties to any sort of court action—especially if it involves criminal allegations—act in concert as they build their defense, they must be careful not to either run afoul of collusion or obstruction of justice rules or waive attorney-client privilege. But there is a perfectly legitimate—and lawful—way for co-defendants in a civil or criminal action to work together without finding themselves in even more trouble than they might be at the moment.  Typically called a common interest agreement or a joint defense agreement, it allows attorneys for co-parties to formally share information and strategy without breaking […]

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So What Exactly is a Subpoena?

Litigation By Binnall Law Group - 2023/01/12 at 01:53pm

What is a Subpoena?  A subpoena is an order issued or approved by a court. Generally, a subpoena is used to demand testimony or production of documents, or both, at a certain date, time, and place. You may receive a subpoena as part of either a civil or criminal case, even if you are not a party to the case.    If you have received a subpoena, you may be asking what to do, especially since you must comply or object in a timely manner or you may face legal penalties including the possibility of jail time.     First, you will want […]

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What You Need to Know About No Contact Orders

Litigation By Binnall Law Group - 2023/01/12 at 11:20am

What is a No Contact Order?  A no contact order, or NCO as a Title IX attorney may call it, is a preliminary administrative action a school may take to prevent Title IX parties from contacting one another. It may be one-way (usually preventing the Respondent from contacting the Complainant) or mutual (preventing both the Respondent and Complainant from contacting one another). No contact orders are usually entered at the beginning of a Title IX process and should be taken very seriously as a violation of a no contact order may result in sanctions.   What does a No Contact Order […]

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