Youth Services Law

Showing 3 posts in Depositions.

Depositions of Children: How

Posted In Depositions

Small girl playing with toys

The next, and for many lawyers the most frightening, issue in deposing children is how to ask questions of children. Like many tasks, it is more frightening than difficult. Fortunately, many other people have faced this same problem, and many of them have written some very instructive manuals.

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Depositions of Children: Where, What, and Who

Posted In Depositions

Adults talking to a child in a child friendly setting

As I discussed in my last post, courts generally allow depositions of children who may have relevant information. That right is not boundless, however, and courts have the right to set conditions to reduce the stress and trauma to the child. Courts that have allowed depositions have either set the conditions themselves or required the parties to confer on various factors.

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Depositions of Children: When and Why

Posted In Depositions

One dilemma that lawyers confront is when and how to depose children. Sometimes, those children are the professed victims in litigation; other times they are fact witnesses. Quite often lawyers for the child’s family will resist a deposition, citing the potential for psychological trauma. Most courts that have considered the question have found a right to a deposition, tempered by the need to make accommodations for the child’s age, maturity, and potential for trauma.

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