So you are told that your deposition will be taken. What does this mean? What do you need to know? What will happen? First, you need to have a basic understanding of what a deposition is. Simply put, a deposition is a tool for discovering facts and information by asking questions of a person. It is always done in connection with a lawsuit, either pending or potential. (In this...
Take note: a dead person cannot file a lawsuit.
Obvious, you say? Well, apparently obvious is never a barrier to stupidity, so we have a long line of cases where appellate courts have had to clarify that dead people can’t litigate.
Here are a few gems.
“A deceased person does not have an actual or legal existence and thus cannot bring suit.”
“A deceased person cannot, without a personal representative, invoke a court’s...
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