Introduction Depositions help attorneys gather information, while also preserving a witness’s testimony. By conducting depositions, an attorney is less likely to be surprised at trial. As an attorney for Great Northern Bank, I will be deposing Albert Waltham. Albert Waltham is a key witness in this case, and his testimony may help us advance our argument. When deposing Albert Waltham, I will target three areas of inquiry: his meetings with Jake Garner, documents he may have received regarding David Waltham’s loan, and whether he had any interest in David Waltham’s car loan. Meetings with Jake Garner In order to build a rapport with Albert Waltham, I will begin my deposition in a casual manner. I will begin by asking Albert Waltham about himself, …show more content…
I plan on using a funneling approach, and begin with broad questions. For example, I will most likely begin with a question like, “can you please tell me about your first meeting with Jake Garner?” I will follow-up with specific questions, like who attended the meeting. I hope to figure out if Albert brought documentation of his representation and if he was aware of bank policies regarding representation. RSA 358C(3)V regulates creditor communication with third-party representatives, which the plaintiffs are claiming Albert was. If Albert did not bring documentation or if the bank had a well-known policy regarding third-party representation, then we would have a stronger argument under RSA 358C(3)V as to why the bank did not have to communicate with …show more content…
You do not want to leave any room for surprises if the case goes to trial. Therefore, I would question Albert Waltham about any documentation he has regarding David’s loan with Great Northern Bank. Although we are not aware that Albert filled out any change-of-address forms with the bank for David, we do not know whether he submitted any such forms with the post office. If Albert did change David’s address with David’s mail carrier, then it is likely that he was receiving the notifications being sent by the bank. If this is the case, then David was receiving adequate notice under RSA 382A:9-611(C), and the plaintiffs would not have a valid claim. Interest in David Waltham’s Loan During my line of questioning with Albert Waltham, I will ask him whether he had any interest in David Waltham’s car or loan. I will ask Albert whether he was a co-signor for David, or if he helped with any of David’s down payment. In the likely event that Albert had no financial interest in David’s loan with Great Northern bank, then he would not be considered a secondary obligor under RSA 382A:9-611(C). If this is the case, then the bank would be under no obligation to notify Albert regarding David’s default. Therefore, the plaintiffs would not have a valid claim under RSA
Mr. Wayne Bias’, the non-custodial parent, testimony revealed that DHR levied his wife’s, Venita Bias, bank account and that she has proof that the money that was levied is not his. He also stated his name was associated with the account.
Repyneck recalls in 2011 she was going through a divorce from her husband Michael Ziegler. Repyneck was having financial problem and she was advised to seek a bankruptcy lawyer. Repyneck was scheduled for a hearing in Hellertown on Wednesday and her divorce attorney recommended David Tidd from Hellertown. She called Tidd, she thought it was either Sunday or Monday, and he told her to bring a payment to retain him to his office on Tuesday and he would make the hearing on Wednesday go away. After she went to his office, Tidd told her she wouldn’t have to appear in court on Wednesday, that he would take care of it.
Facts: Peter Dementas was a good friend of Jack Tallas. Over the last decade or so of Jack Tallas’ life, Peter Dementas cared for him and helped him with both business and personal errands. Jack Tallas was an insurance agent and landlord and frequently had Peter do things for him such as, “picking up his mail, taking him to the grocery store, and assisting with the management of his rental properties” (Dementas v. Estate of Tallas). Because of Peter’s help, Jack Tallas wrote a memo stating he wanted to give $50,000 to Peter Dementas and was going to add that to his will. Jack never added that memo to his will so Dementas’ claim was negated. The courts
Josh was asked during his bankruptcy proceeding if he was ever sued. Josh lied and said no, when he in fact was sued many years ago and has no financial impact on Josh today. In regards to the matter of Josh's decision to not speak about was settled previously.
Background: Based on the given complaint, on the 28th of March in 2014 the Plaintiff, Linda D. Daugherty suffered an injury on the property of Rauleigh J. Ringer at 814 N. Liberty Street, Alexandria, IN. She is claiming her injury was a result of negligence spawning from the actions, or lack thereof, by Mr. Ringer and Casual Lifestyles Realty, Inc., in which the connection of these three parties has not been clarified with certainty within the claim. The Defendants, by counsel, Mark Maynard, and, pursuant to Rule 12(E) of the Indiana Rules of Trial Procedure, moved for a more definite statement of the Plaintiff’s Complaint. Mark Maynard argues if said Plaintiff could amend her complaint that is supposedly so vague and ambiguous, the newfound clarity would help the defense frame a response to said Plaintiff’s claim. No other information could be
If you contend that the Plaintiff has made an admission, or declaration against interest, please state the substance of the alleged admission or declaration together with the time and place of the alleged admission or declaration and the names and addresses and telephone numbers of the persons, if any, who were present.
The plaintiff, a mechanic, filed for a summary judgment against the defendant, the Bank of Babylon, for failure to honor their obligation to render payment for an official check that was drawn against their bank and due payable to his business. The official check was purchased by the plaintiff after cashing a check that was issued from a mutual client of his and the bank, who later attempted to place a stop order on the already cashed check. Then defendant argues that there is “failure of consideration” and they are not obligated to issue payment since the client, SCI had stopped payment on the personal check which was exchanged for the official check.
Me: “On the plaintiff side, Sandra and all of her kids deposed. Dr. DeVere White’s lawyer is the one who questions them under oath. His name is Mr. Tom Minder. On the defendant side, Dr.DeVere White is the only one who deposed. He was questioned by Mr. Kelly.”
The video deposition of plaintiff, Susan White, took place at her home at 321 S. Alleghany Ave., Tulsa, OK, on October 5, 2016. The deposition was attended in person by her attorney, and the attorneys representing American Airlines and Sunoco. Several of the attorneys representing other defendants attended via telephone. The great majority of those attorneys had entered into a stipulation with the plaintiffs that Mrs. White would not be able to testify as to whether Mr. White ever worked for them, worked at their facility or was exposed to one of their products.
Harding further asks us to confirm that the trial judge complied with the requirements of Md. Rule 14-305(e) when she ratified the foreclosure sale. Furthermore, Harding petitions us to subpoena certain phone calls made between her and M & T Bank officials. Harding’s requests, however, are not properly presented before this appellate court. Moreover, Harding has failed to present an argument that would overcome the presumption of legitimacy we afford to the ratification of a foreclosure sale.
1. Provide a brief summary of the background, charges, and trial of this high-profile court case.
process for obtaining witnesses in his favor and to have the assistance of counsel for his
The association was held liable for the damages that stemmed from the emotional distress of the defendant. The plaintiff had caused the defendant to suffer such extreme fright that it compelled him to either give up the Acme account he had been working in the service area and give to the State Rubbish Collectors Association back payment or the defendant had to become a member with the association and pay dues.
Although I had arrived after the case had begun, I had a little bit of background knowledge and could easily follow what was going on. The case was between Joseph B. McCarthy and his ex-wife, Annie J. Ashment McCarthy. Joseph was the defendant, and Annie was the plaintiff. Annie had a lawyer by her side, and Joseph stood alone. Annie’s lawyer was Brad E. Macdonald. The defendant had failed to pay child support and owed his ex-wife an arrearage of thirty-thousand dollars.