Asked by Yesenia Zacharkiw on Apr 30, 2024
Verified
Billy witnessed a hit-and-run but is gravely ill with cancer. Xavier, who was injured in the accident, would like to preserve Billy's testimony for trial in case Billy dies before the trial date. What should Xavier do?
A) Send interrogatories to Billy.
B) Take Billy's deposition.
C) Send a request to admit to Billy that the accident was the defendant's fault.
D) Have a conference with the judge and Billy.
E) There is nothing Xavier can do.
Deposition
A legal process where a witness provides sworn, out-of-court oral testimony that can be used in court proceedings.
Preserve Testimony
The process of recording or documenting testimony through depositions or written statements to ensure it can be used in future legal proceedings.
- Acquire knowledge of the techniques and processes involved in discovery, encompassing depositions, interrogatories, and the solicitation for documents production.
Verified Answer
TC
Tanner CereghinoMay 01, 2024
Final Answer :
B
Explanation :
Taking Billy's deposition is the most effective way to preserve his testimony for trial, especially if there's a risk Billy might not survive until the trial date. Depositions are sworn testimonies taken outside of court in the presence of all parties involved, and they can be used in court if the witness is unable to attend the trial.
Learning Objectives
- Acquire knowledge of the techniques and processes involved in discovery, encompassing depositions, interrogatories, and the solicitation for documents production.
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