Can I Pro Se file a motion to disregard a deposition?

Full Question:

In a deposition where I was a pro se party, the opposing attorney wouldn't allow me to answer the question fully saying we would address that later. At the end he said it was over, he paid for the deposition and any other points were irrelevant. This produced a biased deposition. Can I make a motion to have this deposition suppressed and not used as evidence?
05/04/2009   |   Category: Courts ยป Pro Se   |   State: ALL   |   #16556

Answer:

A deposition is the sworn testimony of a witness taken before trial held out of court with no judge present. The witness is placed under oath to tell the truth and lawyers for each party may ask questions. A deposition is part of pre-trial discovery (fact-finding), set up by an attorney for one of the parties to a lawsuit demanding the sworn testimony of the opposing party, a witness, or an expert intended to be called at trial by the opposition. Depositions in criminal cases cannot be taken without the consent of the defendant. The deposition
questions and answers are recorded by a court reporter and a transcript is provided to either party if paid for. The deposition can be used in trial either to contradict (impeach) or refresh the memory of the witness, or be read into the record if the witness is not available.

A motion is a request asking a judge to issue a ruling or order on a legal matter. Usually, one side files a motion, along with notice of the motion to the attorney for the opposing party, the other side files a written response, and the court holds a hearing, at which the parties
give brief oral arguments. Other motions are decided by the written submissions alone, without a hearing. However, during a trial or a hearing, an oral motion may be permitted. Then the court issues a ruling (order) which approves or denies the motion. Motions are often made
before trials to resolve procedural and preliminary issues, and may be made after trials to enforce or modify judgments. Motions are made in court all the time for many purposes such as to continue a trial to a later date, to get a modification of an order, for temporary child
support, for a judgment, for dismissal of the opposing party's case, for a rehearing, for sanctions, and many other reasons. A motion on a factual matter usually will be filed with a supporting affidavit. A motion to suppress is a request to a judge to keep out evidence at a
trial or hearing, often made when a party believes the evidence was unlawfully obtained. The court decides this issue after a hearing with defense cross-examination and the presentation of a legal argument about why the evidence should be suppressed. If this motion is successful, the
case may be dismissed entirely. A motion in limine is another method by which a party may seek to exclude evidence. This type of motion is usually made to exclude reference to anticipated evidence which is objectionable, so that a determination of the admissibility of the
evidence can be made outside the presence of the jury. Such motions seek to avoid having the jury tainted by irrelevant, inadmissible, or prejudicial evidence, such as illegally obtained evidence.


Rules of evidence are the rules by which a court determines what evidence is admissible at trial. At the federal level, federal courts follow the Federal Rules of Evidence, while state courts generally have their own rules of evidence, which vary by state and are created by the
state legislatures. In deciding what evidence is admissible, the court will weigh the tendency of the evidence to prove or disprove a fact or issue in dispute against the potential prejudicial nature of the evidence to unfairly influence the trier (i.e., jury) of the case. Rules of evidence also allocate among the parties the burden of producing evidence and the burden of persuading the court. Evidence comes in many forms- written, electronically recorded, oral testimony, etc. Improper admission of evidence may be cause for bringing a later appeal. However,
to overturn the lower court ruling, it must generally be shown that the outcome of the case was influenced by such improper evidence. Admissible evidence is that evidence which may be received by the judge or jury in a case in order to decide the merits of a controversy. It is the judge's duty to apply the rules of evidence in the case at hand to determine its admissibility; however, the judge need not introduce all admissible evidence.