LET'S HAVE A LET'S HAVE A TALK ABOUT TALK ABOUT DEPOSITIONS DEPOSITIONS

Whether you are a property manager, board member, or homeowner, the likelihood of being involved in litigation is ever-increasing The COVID19 pandemic has brought a wave of litigation throughout the country, with homeowners’ association related issues being a hotbed. One inherent aspect of that litigation involves the litigants taking depositions.

A deposition serves as a tool for the parties of a lawsuit to take the sworn statements of persons with information relevant to the suit. These serve as the basis of evidence and fact for any given case. For example, in a construction defect case by the Association against a developer, board members can expect to be deposed by the developer’s counsel, along with any other defendant parties to the lawsuit. However, for as much as they are useful to litigation, they can be equally stressful for deponents. To help reduce the stress and anxiety associated with depositions, allow this to serve as a guide for what to expect

It's not like the movies (typically)

As portrayed in movies, depositions appear highly contentious, full of surprises, and emotionally charged. While that can certainly happen, it is an exception rather than the rule Parties attending the deposition are typically Plaintiff’s attorneys, Defendant’s attorneys, and the court reporter. Plaintiff’s counsel and Defendant’s counsel usually have exchanged all of the information they have, which means surprises are unlikely. Moreover, the objections in depositions are limited to “form” objections as opposed to speaking objections That means if counsel has an objection to a question being asked, they are supposed to simply state that they have a form objection for the record. So, you are unlikely to hear words like “hearsay” or “speculative” during a deposition objection

Yes, you have to answer the question

The scope of depositions can be incredibly broad, sometimes eliciting information that seems borderline irrelevant Unfortunately, if you are asked a question during a deposition, you are obligated to answer, unless counsel instructs you not to. Remember, you are under oath! Think carefully about your answer and take time to formulate a response, but you must be truthful. I often ask my clients to take ten seconds before they answer a question That not only gives me time to object if necessary, but also forces the deponent to slow down and think before answering

Show up to the deposition

All too often, folks fail to show up for their depositions. Perhaps out of anxiety or a belief that they do not know enough about the subject matter to offer any testimony Regardless of the reason, failure to show up for a deposition could result in sanctions as severe as being held in contempt of court

Right to counsel

You are entitled to counsel. Even if you are not a party to the lawsuit, you are entitled to have your own counsel present Depending on the subject matter of your testimony, obtaining counsel may very well be worth the expense

Residents might fall in love with a community at first, but what keeps them around when the initial thrill has worn off? One big contributor is overlooked by HOAs all too often: The level of care and attention taken in the upkeep of buildings, pathways, and amenities for the money paid

Cleanliness has always been recognized as a measure of the pride taken in a building. In the sanitationfocused world, we find ourselves in today, it’s even more important Residents see it as a key factor that tells them more about just how safe a property is

Pressure washing is one way to provide superior cleaning and aesthetics for virtually all surfaces in your community. Plus, compared to many other options at your disposal, it is quick, safe, and inexpensive

What is Pressure Washing?

From homeowners to facilities managers, just about everyone has some familiarity with the concepts of