The goal of a deponent is not to step on any landmines.
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Clinton is, at root, a litigator, or, more specifically, a deponent looking to avoid saying anything that will trigger an adverse judgment.
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"The right to refuse to answer certain deposition questions does not entitle a deponent to 'refuse to appear for any deposition whatsoever,'" Mastroianni wrote.
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"It is submitted that the deponent would ensure that through the undertaking to be submitted by the producers/directors that they would not release the excised portion of the feature/film to anybody," the Central Board of Film Certification said in its affidavit.
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Did they think that the president would be better served by McGahn, an obviously more credible deponent than President Trump himself, setting out the president's story on all the issues on which McGahn had knowledge during his tenure in the White House?
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Semi-deponent verbs form their imperfective aspect tenses in the manner of ordinary active verbs; but their perfect tenses are built periphrastically like deponents and ordinary passives; thus, semi-deponent verbs have a perfect active participle instead of a perfect passive participle. An example: : – to dare, venture Unlike the proper passive of active verbs, which is always intransitive, some deponent verbs are transitive, which means that they can take an object. For example: : – he follows the enemy. Note: In the Romance languages, which lack deponent or passive verb forms, the Classical Latin deponent verbs either disappeared (being replaced with non-deponent verbs of a similar meaning) or changed to a non-deponent form.
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In linguistics, a deponent verb is a verb that is active in meaning but takes its form from a different voice, most commonly the middle or passive. A deponent verb has no active forms.
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Deponent cannot change his statements on the deposition transcript, but under rule 30(e) they can correct on additional "errata sheet" any mistakes in the deposition transcript shortly after the testimony has been typed and bound. The errata sheet allows the deponent to make any modifications that make "changes in form or substance," giving the deponent the option to alter their record from the original transcript. Issues may arise where a party attempts to make substantive changes to testimony through errata sheets.
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The deponent, court reporter, and all parties receive digital official exhibits or courtesy copies. Combined with live transcript feed technology and legal videography, digital exhibit technology has made participation in remote depositions more functional and popular. Under FRCP 30(d)(1) and its state counterparts, a deposition normally must take place for no longer than seven hours on one day per each deponent, unless otherwise stipulated by the parties or ordered by the court. This means that the deposing party who knows that a deposition will go longer than one day must either ask the deponent to stipulate to more time, or, if the deponent is uncooperative, go before the court and file a motion for a longer deposition.
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But what specially the byshop spake of the Sacramēt and the masse, this deponent doth not nowe certainly remember.
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Finally, a concordance is automatically generated by the stenographic system's software and included in the back of the booklet. Most court reporters can also provide a digital copy of the transcript in ASCII, RealLegal, and PDF formats. The court reporter keeps a copy of the documents provided to the deponent during the deposition for document identification questions, unless digital document and exhibit technology is employed, in which case the deponent and all parties receive the official exhibits in real time. Deponent has right to read and sign the deposition transcript before it is filed with the court.
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Some Latin verbs are deponent, causing their forms to be in the passive voice but retain an active meaning: hortor, hortārī, hortātus sum (to urge).
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Sanskrit has active, middle and passive voices. As the passive is a secondary formation (based on a different stem with middle endings), all deponent verbs take middle-voice forms, such as सच॑ते sác-ate. Traditional grammar distinguishes three classes of verbs: ‘parasmaipadinaḥ’ (having active forms only), ‘ātmanepadinaḥ’ (having middle forms only) and ‘ubhayapadinaḥ’ (having both forms). Thus, ‘ātmanepadī’ (plural ātmanepadinaḥ) might be considered a deponent verb.
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Deponent middle verbs can also be made passive in some tenses. Thus αἱρέομαι (hairéomai) "I choose" has an aorist passive ᾑρέθην (hēiréthēn) "I was chosen": : .Lysias, 12.65 : . : He was chosen by them as general.
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There are also some verbs of mixed conjugation, having some endings like the 3rd and others like the 4th conjugation, for example, ' "to capture". In addition to regular verbs, which belong to one or other of the four conjugations, there are also a few irregular verbs, which have a different pattern of endings. The most important of these is the verb ' "to be". There also exist deponent and semi-deponent Latin verbs (verbs with a passive form but active meaning), as well as defective verbs (verbs in which some of the tenses are missing).
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Spanish shares with other Romance languages most of the phonological and grammatical changes that characterized Vulgar Latin, such as the abandonment of distinctive vowel length, the loss of the case system for nouns, and the loss of deponent verbs.
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Affidavits are made in a similar way as to England and Wales, although "make oath" is sometimes omitted. A declaration may be substituted for an affidavit in most cases for those opposed to swearing oaths. The person making the affidavit is known as the deponent but does not sign the affidavit. The affidavit concludes in the standard format "sworn (declared) before me, [name of commissioner for oaths/solicitor], a commissioner for oaths (solicitor), on the [date] at [location] in the county/city of [county/city], and I know the deponent (declarant)", and it is signed and stamped by the commissioner for oaths.
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Where, however, the court is unable to decide the application on the papers, generally there are three avenues open to it: # HCR 6(5)(g) provides that, where an application cannot properly be decided on affidavit, a motion court may dismiss the application or make such an order as is necessary to ensure a just and expeditious decision. # The court may direct that oral evidence be heard on specified issues with a view to resolving any dispute of fact. To that end, it may order any deponent to appear personally, or grant leave for the deponent or any witness.
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In 1629 he was deponent for the testament of the composer Domenico Allegri, brother of Gregorio. From May 1631 he was again maestro of San Luigi, and held the post until his death in 1638; his successor was his pupil Orazio Benevoli.
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The word patient originally meant 'one who suffers'. This English noun comes from the Latin word patiens, the present participle of the deponent verb, patior, meaning 'I am suffering,' and akin to the Greek verb πάσχειν (= paskhein, to suffer) and its cognate noun πάθος (= pathos).
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In English, the phrase is pronounced , . Memento is the 2nd person singular active imperative of meminī, 'to remember, to bear in mind', usually serving as a warning: "remember!" Mori is the present infinitive of the deponent verb morior 'to die'.Charlton T. Lewis, Charles Short, A Latin Dictionary, ss.vv.
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Canny writes, 'the bloody mindedness of the settlers in taking revenge when they gained the upper hand in battle seems to have made such a deep impression on the insurgents that, as one deponent put it, "the slaughter of the English" could be dated from this encounter'.Canny, p. 485.
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Verbs originally had two voices: active and mediopassive. In some daughter languages (e.g., Sanskrit) this was supplemented with a passive voice; in others (e.g., Latin) the mediopassive evolved to have a passive meaning for roots that were also used in the active voice, but retained its mediopassive character for so-called deponent roots.
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The perfect tense passive is formed periphrastically using a perfect participle and the verb . The participle changes according to gender and number: 'she was led', '(the women) were led' etc. The perfect tense of deponent verbs (for example 'I set out') is formed in the same way. The order of the participle and auxiliary is sometimes reversed: .
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The most detailed source for this action is a deposition attached to the application for a military pension of John Schanck, cousin of Captain John Schenck, the leader of the Patriot militia; detailed British accounts do not appear to exist. According to this account, Geary's party rode through Amwell Township toward Flemington to verify that a supply of salt beef and pork was ready for the army to pick up. The deponent had received intelligence of this movement the previous day, and when John Schenck learned of it, he set out the next morning, gathering up a few men (eight in number, according to the deponent), and set up an ambush in a wooded area about south of Flemington. When Geary's company rode by, the militia fired a volley of musket fire, killing Geary.
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Blagge was called upon to give evidence in proceedings against Stephen Gardiner, the bishop of Winchester and formerly Henry VIII's secretary and his chief adviser during the persecution of Protestants in the mid-1540s. He was able to testify that he had been offended by one of the bishop's sermons attacking the sacramentarian position some three years earlier – an ironic commentary on his own earlier troubles. However, he was careful in what he alleged, refusing to go beyond his admittedly hazy memory of events. :he sayeth that he was present at the Sermon made on saynt Peters daye, in the second yere of the reigne of kyng Edward the sixt (29 June 1548), at whiche tyme this deponent harde the sayde byshop preache vpon the Sacrament, and the masse: wherewith this deponent, and dyuerse other (as he sayeth) were then offended.
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Deponent verbs are verbs that are passive in form (that is, conjugated as though in the passive voice) but active in meaning. These verbs have only three principal parts, since the perfect of ordinary passives is formed periphrastically with the perfect participle, which is formed on the same stem as the supine. Some examples coming from all conjugations are: :1st conjugation: – to admire, wonder :2nd conjugation: – to promise, offer :3rd conjugation: – to speak, say :4th conjugation: – to tell a lie Deponent verbs use active conjugations for tenses that do not exist in the passive: the gerund, the supine, the present and future participles and the future infinitive. They cannot be used in the passive themselves (except the gerundive), and their analogues with "active" form do not in fact exist: one cannot directly translate "The word is said" with any form of , and there are no forms like loquō, loquis, loquit, etc.
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For these verbs, there is no future middle, but the future passive is unaffected. Koine Greek has a few verbs which have very different meanings in the active and middle/passive forms. For example, () means "I set fire to", whereas its middle form () means "I touch". Because is much more common in usage, beginners often learn this form first and are tempted to assume that it is a deponent.
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A young aristocrat by the name of Valerius Catullus boasted of penetrating emperor Caligula (above) during a lengthy intimate session Pathicus was a "blunt" word for a male who was penetrated sexually. It derived from the unattested Greek adjective pathikos, from the verb paskhein, equivalent to the Latin deponent patior, pati, passus, "undergo, submit to, endure, suffer".Williams, Roman Homosexuality, p. 193. The English word "passive" derives from the Latin passus.
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The attorney who has ordered the deposition begins questioning of the deponent (this is referred to as "direct examination" or "direct" for short). Since nods and gestures cannot be recorded, the witness is instructed to answer all questions aloud. After the direct examination, other attorneys in attendance have an opportunity to cross-examine the witness. The first attorney may ask more questions at the end, in re-direct, which may be followed by re-cross.
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Boreman further alluded that Rachel was able to shape-shift into creatures including a dog and a turtle. William Baker, a third deponent, attributed the loss of a quantity of beer to Rachel by supernatural means. These are a few examples of dozens of allegations made against Rachel which established her infamy as a practicant of witchcraft. She was alleged to have passed people in the street and yelled "hellhound" and "whoremasterly rogue" at them.
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However, the earliest attestation is from the German theologian (1500–1553), who instead uses tempora mutantur as a variant of tempora labuntur "time slips away", from Ovid's Fasti.Ovid's Fasti, VI, 771 But the phrase tempora mutantur is in the passive, where as labuntur is form of a deponent verb; its passive form conveys an active meaning. Various longer Latin forms and vernacular translations appear in 16th and early 17th century; these are discussed below.
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There are two and only two instances of a deponent participle (passive form with active meaning) in the Hebrew Bible: nəḥittim (נחתים, "descended" for descending, 2 Kings 6:9) and 'aḥuzi chereb (אחזי חרב, "grasped of sword", Song of Songs 3:8). Song (or Canticles) 3:8 survives in the Qumran fragment 4QCantc. This grammatical device is common in Mishnaic Hebrew (MH) and Syriac, which are of relatively late dates; but the contexts could also suggest northern settings, influencing the phraseology.
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According to the reporter's summation: > In an action by the endorser against the promisor of a promissory note > negotiated subsequent to the day of payment, the defendant may go into such > evidence as he would have been entitled to had the action been brought by > the original promisee. The deposition of a person used in a former trial is > competent evidence in a review, though the deponent is a party to the suit, > having become administrator of one of the original parties.Gold v. Eddy, 1 > Mass.
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Frequently the most desired witness (the deponent) is an opposite party to the action. In that instance, legal notice may be given to that person's attorney, and a subpoena is not required. But, if the witness is not a party to the lawsuit (a third party) or is reluctant to testify, then a subpoena must be served on that party. To ensure an accurate record of statements made during a deposition, a court reporter is present and typically transcribes the deposition by digital recording or stenographic means.
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In a dictionary, Latin verbs are listed with four "principal parts" (or fewer for deponent and defective verbs), which allow the student to deduce the other conjugated forms of the verbs. These are: # the first person singular of the present indicative active # the present infinitive active # the first person singular of the perfect indicative active # the supine or, in some grammars, the perfect passive participle, which uses the same stem. (Texts that list the perfect passive participle use the future active participle for intransitive verbs.) Some verbs lack this principal part altogether.
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On July 4, Judge Blair explained in a published letter that the judges had relied upon assurances of "three eminent Lawyers" that they could grant Chiswell bail, as well as two depositions that Routledge had run himself on Chiswell's sword, while stressing that the high bail of 6,000 pounds sterling could be recovered should Chiswell fail to show for trial.Kirtland at 73. In response, 'Dikephilos' wrote that his own investigation agreed that Routledge had been drunk, but Chiswell was not, and further that neither deponent favoring Chiswell had witnessed the brawl.
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R. Civ. P. 30(1) (emphasis added) (also indicating that "[a] party may instruct a deponent not to answer ... when necessary to preserve a privilege"). Shorter parenthetical phrases may be used if a complete participial phrase is unnecessary in the context of the citation: The Florida Supreme court recently declared that “where the seller of a home knows facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer.” Johnson v.
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In Indian law, although an affidavit may be taken as proof of the facts stated therein, the courts have no jurisdiction to admit evidence by way of affidavit. Affidavit is not treated as "evidence" within the meaning of Section 3 of the Evidence Act. However, it was held by the Supreme Court that an affidavit can be used as evidence only if the court so orders for sufficient reasons, namely, the right of the opposite party to have the deponent produced for cross-examination.Khandesh Spg & Wvg Mills Co. Ltd.
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In the United States, a notice to a party deponent (a person called to testify in a deposition) may be accompanied by a request for production of documents and other tangible things during the taking of a deposition. The notice to produce (literally: "bring these documents with you to the deposition") is served prior to the deposition. This follows the Federal Rules of Civil Procedure.Federal Rules of Civil Procedure 30(b)(5), also called FRCP The method of using a subpoena duces tecum is generally valid only to compel a witness to produce documents and other things at the time of the deposition.
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If a deponent is a non-party to the action (not involved directly in the litigation, but wanted for testimony), production of documents can be compelled only through a proper subpoena duces tecum. Depending on the nature of the documents, and their volume, some may be obtained directly, and before deposition under FRCP 34. In cases where a large number of documents are potentially relevant to the hearing, the court may order them to be produced prior to the deposition. This forms a part of legal discovery and allows parties involved time to review them prior to the deposition or other hearing.
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Their high status is partly from their extensive training requirements, and also because of their occupation's special ethical and legal duties. The term traditionally used by physicians to describe a person seeking their help is the word patient (although one who visits a physician for a routine check- up may also be so described). This word patient is an ancient reminder of medical duty, as it originally meant 'one who suffers'. The English noun comes from the Latin word patiens, the present participle of the deponent verb, patior, meaning 'I am suffering', and akin to the Greek verb (romanized: paschein, lit.
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Other beast fables were written by other medieval Latin authors, including Odo of Cheriton; the Ysengrimus is the most extensive collection of this material either in Latin or in any vernacular. The poem mixes medieval and classical Latin imitations and parts of it are written in a curious, difficult style featuring obscure verb forms such as deponent imperatives. These stylistic curiosities reflect neither deliberate obscurantism nor lack of poetic talent: they are, instead, means of characterization. The poet places them on the lips of the trickster Reinardus, who is intended to be deceptive, and whose statements contain deliberate ambiguity.
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Parties can bring documents to the deposition and ask document identification questions to build a foundation for making the documents admissible as evidence at trial, as long as the deponent admits their authenticity. The court reporter and all parties in the case are usually provided a copy of the documents during the deposition for review. In recent years, developments in litigation technology has allowed the use of paper documents to be replaced by electronic documents and exhibits in the deposition. In such cases, the examining attorney marks and distributes the official exhibits electronically using a laptop or tablet device.
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In the case of John 8:58 since the structure "before" + deponent does not carry any indication of tense in Greek, some have considered that the more natural context of "before γενέσθαι + present verb" would be future, "before Abraham becomes". However the interpretation πρὶν Ἀβραὰμ γενέσθαι as "before Abraham becomes" is rare, and Fausto SozziniRoy B. Zuck Vital christology issues: examining contemporary and classic concerns 1997 p12 and Valentinus SmalciusIsaak August Dorner History of the development of the doctrine of the person of Christ Vol2. p421 were perhaps the first to advocate the reading "before Abraham becomes [father of many nations] I am [he, namely, the Messiah]".
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"Yea, my lord (quod Blage), and I trust your horns also shall be kept so short as ye shall not be able to do any hurt with them." Afterwards the Earl, who at the time had no weapon, took sword and dagger and went to Blage's house "and said unto him, that of late he had been very hasty with him"; but what passed further Deponent does not remember.Letters and Papers of the Reign of Henry VIII, volume 21, part 2, no. 555-4. Blagge was one of more than twenty witnesses marshalled by the king to convict Surrey, who was executed later in the month.
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Prior to taking a deposition, the court reporter administers the same oath or affirmation that the deponent would take if the testimony were being given in court in front of a judge and jury. Thereafter, the court reporter makes a verbatim digital or stenographic record of all that is said during the deposition, in the same manner that witness testimony is recorded in court. Some jurisdictions allow stenomask technology in lieu of traditional stenographic equipment, although many jurisdictions still prohibit stenomask because of its disconcerting effect on some lawyers and witnesses. Attorneys for the deposing litigant are often present, although this is not required in all jurisdictions.
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The text of CIL 4.5296 is relatively clear, though there is some disagreement about the interpretation of the word in verse six. In his initial publication of the poem, Sogliano emended the word to , and Kristina Milnor argues that is correct as a non-deponent form of . However, Luca Graverini argues that the word order suggests that the verb in the sentence should be in the first person, agreeing with ("I") in verse five, but is in the second person; additionally, in verse five is in the past tense, and so the next verb probably would be also. Alternatively, August Mau's suggestion of is widely accepted by scholars, though this leaves the sentence without a main verb.
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Difference between sympathy and compassion is that the former responds to suffering from sorrow and concern while the latter responds with warmth and care. The English noun compassion, meaning to suffer together with, comes from Latin. Its prefix com- comes directly from com, an archaic version of the Latin preposition and affix cum (= with); the -passion segment is derived from passus, past participle of the deponent verb patior, patī, passus sum. Compassion is thus related in origin, form and meaning to the English noun patient (= one who suffers), from patiens, present participle of the same patior, and is akin to the Greek verb πάσχειν (= paskhein, to suffer) and to its cognate noun πάθος (= pathos).
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Tracy, 1 How. Pr. 186 (emphasis removed). The court also found the affidavit of Parker to be insufficient as a factual matter to comply with the terms of the statute.Tracy, 1 How. Pr. 186 ("The deponent Parker does not profess to have any knowledge of the fact: he swore to nothing beyond information and belief." (emphasis removed)). However, even if the district attorney had brought the action and the affidavit had been sufficient, the Supreme Court still would have denied mandamus as a matter of law.Tracy, 1 How. Pr. 186 ("I am of opinion that the decision of the judge in this case, if erroneous, cannot be corrected by mandamus, the judge in his refusal acted judicially.").
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He was the son of the Sheridan chief, William O'Sheridan of Corran, County Cavan and an ancestor of the famous Sheridan theatrical family. In a deposition dated 26 July 1642, Thomas Jones of Drumminnion, Kildallan parish stated- that on the 17th of November 1641 the deponent Thomas Jones by the procurement of Phillip mac Hugh mac Shane Rely, Edmond Rely, Hugh mac Shane mac Phillip Rely and Hugh mac Molmore Rely, was robbed by Patt Sheridan of Rillaigh, Donell Oge McKernan and his nephew heire of Aighaveny, Laighlen Oge O'Rorke de Killnemarue and Bryan O'Rorke of the same, of the goods following, viz. eightene melch Cowes price 36 li. ster, six heffers in calfe, six pownds sterling; three yearelings 30 s.
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For instance, oath may be a first step in the initiation of the proceeding, for example, swearing to an affidavit in support of a motion or any fact contained in a deposition duly sworn. According to Turner, ‘ In the case of perjury in an affidavit or the like, the offence is committed when the deponent takes oath to the truth of the affidavit, and it is unnecessary to aver or prove that the affidavit was filed or in any way used.Turner, J.W.C: Russel on Crimes (Vol. 1) (London: Stevens & Sons, 1964) (Twelfth Edition), p.294. The principles in the quotation were distilled from the cases of R v Crossley (1797) 7 T.R. 315 and, R v Phillpots (1851) 2 Den. 302.
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And they alsoe dispoyled him of debts & money worth threescore and fiue poundes, And the deponent is like to be deprived of the future proffitts of his said lands & farmes worth £35 per annum clerely untill a peace be established. Pender's Census of 1659 spells the name as Gortery and states there were 2 people over the age of 15 living in the townland, all Irish, (In general the percentage of the Irish population aged under 15 runs at about 20% so presumably there were no under-15s there at the time). A grant dated 8 December 1675 to Charles Balfour of Castle Balfour, included, inter alia, the lands of Gartaree. In July 1751 no residents were entitled to vote in Gortaree.
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California was the major exception, in that it had no default time limit; depositions can theoretically proceed indefinitely, or at least until the deposition becomes so obviously excessive and burdensome that the deponent is able to move for a protective order. However, in January 2013, the California legislature amended the previous rule to fall in line with the federal rule, now requiring that depositions will typically be limited to seven hours of total testimony. It is worth noting that this new California rule does not apply to "any case brought by an employee or applicant for employment against an employer for acts or omissions arising out of or relating to the employment relationship." Example page from stenographers copy of an expert's deposition from Anderson v.
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Baladeb, Ganesh Das and two others were arrested. The case was tried by Ashutosh Biswas, Public Prosecutor. The jury acquitted the accused. Whereas this outrage is believed to have been committed by Barin’s party, a confidential deponent informed Denham that this was the work of the Kushtia Society, of which “Jatindra Nath Mukharji was the leading spirit.”Terrorism, Vol. VI, p28 Later, on 25 June 1908, the approver Naren Gossain told the Magistrate of Alipore that Barin and Upen Banerjee had informed him of this murder and he had learnt that “Bhavabhushan [Mitra] of Jessore or Khulna, and Kshitish [Sanyal], both residing at Kushtia, were concerned in it.” Bhaba Bhusan Mitra “was very much mixed up with the Deoghar conspirators.”.Terrorism, Vol.
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Cryovac After the deposition, the transcript is then published in the form of a hardcopy booklet, which is provided to the deponent as well as to any party to the suit who wishes to purchase a copy. The booklet will have the case caption (the name of the court, case number, and names of the parties) on the front. Inside, the pages have line numbers along the left margin, so that the parties can precisely cite testimony by page and line in later court documents. Timestamps are inserted into the margin if a video recording is being made; in the event the witness is unavailable for trial, the parties or the court will use the timestamps to identify admissible segments which a video editor will stitch together to present to the jury.
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George Cruikshank's illustration to Laurence Sterne's The Life and Opinions of Tristram Shandy, Gentleman Eloquence derives from the Latin roots: ē (a shortened form of the preposition ex), meaning "out (of)", and loqui, a deponent verb meaning "to speak". Thus, being eloquent is having the ability to project words fluidly out of the mouth and the ability to understand and command the language in such a way that one employs a graceful style coupled with the power of persuasion, or just being extremely graceful in the interpretation of communication. Petrarch (Fracesco Petrarca), in his study program of the classics and antiquity (Italian Renaissance) focused attention on language and communication. After mastering language, the goal was to reach a "level of eloquence", to be able to present gracefully, combine thought and reason in a powerful way, so as to persuade others to a point of view.
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" He then charged the deponent > with writing many detestable heresies against the bishop of Rome, which made > him so pensive, that he knew not what to say for the deponent's shame or for > his poor mother. And further, at his last being with the bishop of > Winchester at his visitation, the Bishop did rejoice "that this our > university was so clear from all these new fashions and heresies." But now > he would hear that it was infected by one of his own college. He urged that > their ancestors could not have erred so many hundred years, and that this > world could not continue long; for though the King has now conceived a > little malice against the bishop of Rome because he would not agree unto > this marriage, "I trust," he said, "that the blessed King will wear harness > on his own back to fight against such heretics as thou art.
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In the event a witness is unavailable for trial (usually because they are deceased, seriously ill, or live hundreds of miles away), their deposition may be read or played before the jury and made part of the record in the case, with the same legal force as live testimony. In some states, stenographic, audio, or video records of depositions can be offered into evidence even if the witness is available. Deposition of the opposite party is often used to produce self- incriminating statements from the deponent, also document identification questions can make exhibits admissible for hearings and summary judgment motions. Sometimes, after a number of witnesses have been deposed, the parties will have enough information that they can reasonably predict the outcome of a prospective trial, and may decide to arrive at a compromise settlement, thus avoiding trial and preventing additional costs of litigation.
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If the person requested to testify (deponent) is a party to the lawsuit or someone who works for an involved party, notice of time and place of the examination before trial can be given to the other side's attorney, but if the witness is an independent third party, a subpoena must be served on him/her if he/she is recalcitrant. This occurs when a witness may not be able to testify at trial. The deposition of the witness is taken and, if the witness is unable to appear at trial, the deposition may be used to establish the witness' testimony in lieu of the witness actually testifying. Regarding depositions to preserve testimony, the Confrontation Clause of the Sixth Amendment to the United States Constitution establishes a constitutional right of the defendant to be present during the deposition and to cross-examine the witness.
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After a swift trial on charges of treason Essex was convicted and suffered the death penalty in February 1601. Intelligence received in Spain some years later from James Blake (the supposed assassin of O'Donnell) had it "that the Earl of Essex, the same who raided Cadiz, had dealings with the Prince Onel of Ireland about causing a rising against the Queen of England, for which reason he was beheaded in England, and the said Earl employed the deponent [Blake] as intermediary between himself and the said Prince." It was also put about that O'Neill had almost persuaded Essex to leave the service of Queen Elizabeth and to join that of King Philip III to whom, "they would deliver the whole kingdom". O'Neill was said to have promised Essex great favour on behalf of the Spanish king, and when Essex expressed doubt because of, "certain disservices he had done to the Crown of Spain", the rebel leader went so far as to offer Essex his son as a hostage in proof of his good faith.
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'Settlement on a Plantation Estate the Balfour Rentals of 1632 and 1636' by John Johnston in "The Clogher Record", Vol. 12, No. 1 (1985), pp. 92-109 Thomas Wenslowe of Derryvore made the following deposition on 16 January 1643 about the Irish Rebellion of 1641 in Knockninny- Thomas Wenslowe of Derryvore in the County of ffermanagh gent, aged 33 yeres or thereabouts, sworne & examined sayth that in the begining of the present rebellion vizt on or about the 23rd of October 1641, one James Maguire of Knocknynny & Cahill Maguire of the same in the same County gent, both brothers, and John mc Corry of Gartharee in the same County gent, and a great number of other Rebells whose names he cannott expresse, came in hostile manner to this deponentes said house & surprisd and ransacked the same, And forceibly tooke away from him this deponent a great number of his beastes, cattle horses howshold goods & other thinges of the value and to his losse of £300 sterling at the least & expelled him from the possession of his land and farmes worth clerely £35 per annum whereof he accompteth to have lost 3 yeres proffitt wort amounting to £105.
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She further deposeth that about Midsomer 1642 the said Mr Ash did take from a Kinswoman of one ffrancis Sugden at Lissomean some parcells of plate by the way as the English were going towards Drogheda from Croghan Castle and Convoied by the said Ash with a great Company of Irish souldiers titherwards which was Contrary to the Conditions of quarter at the said Castle of Croghan agreed upon. And further she this Examinate deposeth not the marke [mark] of Ellenor Reinolds. In the Irish Rebellion of 1641 William Reynolds of Lisnaore made a deposition about the rebellion in Lissanover as follows- folio 260r William Reinoldes of Lisnaore in the parrish of Templeport in the County of Cavan gent sworne & examined deposeth and sajth That about the beginning of the presente Rebellion this deponent was deprived robbed or otherwise dispoiled & Lost by the Rebells: his meanes goodes & chattells concisting of horses mares beasts Cattle Corne hay howsholdstuff implements of husbandry apparell bookes provition silver spoones swyne & the benefite of his howse and six Poles of Land: due debts & other thinges of the value of three hundredth Sixtie fowre Powndes nine shillings sterling.
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