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You have a civil case pending, and your attorney asks for your availability to schedule a deposition. He or she wants you to clear your calendar for a half-day, a full day, or maybe even several days. But what is a deposition?
Well, depositions are the taking of sworn testimony from a witness outside of Court. This type of fact-finding began in the early nineteenth century. In a civil case numerous parties may be deposed. During the deposition itself, an attorney will ask questions of a witness. These questions can be very broad, and generally the person being deposed has to answer. Of course, if the opposing side is asking questions, your attorney will be there and can object to certain questions. Ohio Civil Rule 30 lays out the groundwork of how depositions can be used in civil cases. Depositions are a very useful tool. They help lay out what evidence certain parties have. They can be used in civil cases, custody/divorce cases, and even criminal cases. In short, depositions can often save time and costs to narrow down the issues at trial. A qualified Vocational Expert can provide an opinion in a variety of areas of vocational rehabilitation, vocational and earning capacity, lost earnings, cost of replacement labor and lost ability/time in performing household services.
In a divorce, a Vocational Expert will be hired by one spouse to prepare a report based upon a foundation of scientific principles relevant to vocational standards. These standards include; an analysis of income and employment documentation, test selection, administration, and the analysis of test findings. The end result of the Vocational Expert’s analysis will be an expert opinion of a spouse’s earning capacity. You may be reluctant to add the cost of an expert witness to your mounting divorce costs. However, under the right circumstances, a Vocational Expert can save you significant money in the long run. For example, if your spouse is responsible for child support and/or spousal support but claims a sudden inability to work or reduction of wages, a Vocational Expert can provide an unbiased assessment of your spouse’s true earning ability. It is not unheard of for a spouse to intentionally reduce income to keep support obligations low, especially in instances where the spouse is self-employed. If you are involved in a divorce in Warren County, Butler County, or any Ohio county, where one spouse has recently experienced a significant reduction in income, a Vocational Expert’s analysis will show the Judge what the spouse should be earning. Then, the Judge can impute or assign the additional income to that spouse. The resulting child support and/or spousal support determinations will be based on imputed wages, rather than actual, reduced earnings. Done correctly, a Vocational Expert’s opinion can be highly persuasive in negotiations, during mediation and if necessary, at trial. So, you’re driving down the highway in Butler County, Warren County, Hamilton County, or any Ohio county, minding your own business, keeping a weather-eye out for the local constabulary, when you spy down the highway, a good half-mile away, a state trooper - lights flashing. Surely, he must already have a paying customer in his sights. You adjust your speed accordingly and prepare to gape at the poor schmuck that had the misfortune to run into such horrible luck on such a beautiful, cloudless day. When, seemingly suddenly, the very same state trooper is pointing at you! And motioning for you to pull over to the side of the road! He can’t mean ME?!? Can he???
Well, of course he means you - and of course you’re suddenly the poor schmuck who has run into such rotten luck on such a suddenly gloomy, (but cloudless) day. But how could this happen? You saw him coming, literally, a half-mile away! Unfortunately, you’ve been nabbed by a not so infrequently used sting operation involving the aircraft section of the Ohio State Highway Patrol, with the assistance of a traditionally marked Ohio State Trooper Vehicle unit. Operations such as these have been used by the Ohio Highway Patrol for decades, but because they are so insidious, you probably haven’t been particularly aware of their existence – unless you happen to be one of the unfortunates who come in their crosshairs. The operation works using two time-honored concepts – mathematics and stopwatches. Not your grandfather’s traditional stopwatch (now we’re in the digital age), but instruments of measurement that do the hard math for the officer. Next time you drive on the highway, pay careful attention to the outside lane of the highway. If you’re observant, you may notice a series of five lines, about the width of a parking space line, but only about three to five feet long. It is these series of lines that let you know that you are in an air speed zone. And if you see these markings, be aware that on a clear day, you may run the risk of falling victim to this slightly more sophisticated speed trap. The five white lines are exactly 1,320 feet apart or one-quarter mile apart. By using his digital stopwatch, a pilot trooper can calculate the speed of your vehicle by recording the time it takes your vehicle to cross each white line. Upon determining that a vehicle is speeding, the pilot trooper radios down to his companion in the patrol car who is stationed about a half-mile past the last white line. He describes the vehicle and confirms with the vehicle trooper that he has identified and stopped the correct vehicle. From there a ticket is issued and you are on your way to paying a fine and potentially incurring points on your driver’s license. If you find yourself in a traffic situation such as this, speak to an attorney to see how best to deal with the circumstance. The attorney may have some ideas to improve the outcome for you – beyond just paying out the ticket. |
Authors
Attorneys Jesse Bowman; Max Kinman; Chris Alexander: David Wagner Archives
February 2020
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