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Depostion in Utah and more


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My wife is being sued by CA in Utah. Last transaction was Aug. 2003 with Capital one. We are now at discovery. I submitted a motion for dismissal due to SOL. They disputed that saying in Utah that it was a 6 year SOL. (open is 4 yrs)

We asked for production of docs. All they sent back was contract and a signature. We now need to produce documents in the next couple of days. They want to deposition her next week.

1. Should we ask for a hearing in the court before deposition?

2. How could we ask to change deposition date?

3. During deposition are they going to present transaction receipts?

4. Its hard to know what happened that many years ago. How much can someone say "I don't remember?"

5. Anybody have any good case law for UTAH

HELP?

btw sorry about that dup thread

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You can only hurt yourself by going!

Deposition by opposing counsel can only lose you your case. It will do nothing to win your case.

He wants to depose you to get you to admit the claim, because he has nothing!

I've been deposed as a class witness in major class action suits. I've been through a few depositions. If you go, these are the rules:

1.) Never volunteer anything.

2.) Stick to one word answers.

3.) Always, Always, Always, when its a question about documentation, ask to see the document, otherwise answer, "I can't be sure unless I see the document you are talking about!"

If there is an "incremenating" document presented, just say you can't be sure about it because its a copy. (especially if it has a copy of your signature.) Blame the person who made the copy.

Lawyers will always tell you, never guess in deposition, invariably your will recall partially wrong.

I would just not show up. When hauled into court to ask why, just say, "judge I thought it would just save time for both of us to adjudicate the SOL dismissal motion before the court". "This case is clearly being prosecuted outside the SOL." Be ready with the "open end" credit account definition available on this web site's SOL page. Opposing counsel will probably attempt to argue its not an open end account.

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It is 4 years specificly, no matter what contract they haul into court.

Title 78, Chapter 12:

7-12-25(1) upon a contract, obligation, or liability not founded upon an instrument in writing; also on an open account for goods, wares, and merchandise, and for any article charged on a store account; also on an open account for work, labor or services rendered, or materials furnished; provided, that action in all of the foregoing cases may be commenced at any time within four years after the last charge is made or the last payment is received;

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