Summoned for a deposition for an auto accident. I have pictures of the accident...What do I do?
To start off I am with a local Volunteer Fire Department, and I am a freelance photographer for two local newspapers. I was summoned to a deposition for an accident that occurred 17 months ago. The defendant is Ford Motor Company, and is who summoned me. I do have about 20 pictures of the accident that I took, though none were published in the local media. I know that they are going to want a copy of the pictures, and i've heard that depositions can be quite ruthless.
Can I charge them for the pictures, and if I can what price should I charge? Also, what can I expect during the deposition?
Answer:
I am a notary public and I have presided over depositions. To sum everything up, an officer will be present who can legally administer oaths (justice of the peace, notary public, etc.). Obviously you'll be placed under oath and each side (defendant and plaintiff) will have an opportunity to question you about what you saw, heard, smelled, said, etc.
They will ask questions about you, your background, education, work experience, etc.
If you have pictures then you should provide a copy of them because you're usually asked if you know of anything else that is relevant to the case at hand. Normally, I issue subpoenas and require the deponent to bring with them anything and everything relevant to the case.
If I were in your position I would charge a fee which would cover copying, printing and locating all of the pictures from 17 months ago. You could charge whatever you deem reasonable. (If, however, the pictures were subpoenaed, then I'm not sure if you could charge anything.)
Anything you would normally testify to in a court of law may be required of you at the deposition. There are instances where a deposition lasts for more then a day.
Other then the aforementioned, I'm not really sure what else to say. :-)
NOTE: I should mention that you should make your answers as brief as possible. A simple "yes" or "no" answer is good enough. Also, although you may object to questions at a deposition, it's really a waste of time because a judge is not present to rule on the objections then and there. So, even though you object to the question, you may still have to answer.
Obviously you have the right to be represented by an attorney, but this isn't the common practice. At least not from what I've seen/experienced.
To start off with, read up on the Josh Wolf case. Then decide what you're going to do if they subpoena your photos.
You have the right to counsel at the deposition and if you can't afford counsel the court may appoint counsel.
If you go to the deposition by yourself then you need to brush up on defense. Make all your statements as short as possible and object when they try and "lead you" into jeopardizing and incriminating yourself through testomony.
You are being asked to testify as an expert. You should be able to get $500 a day from thier Lawyers plus expenses.
If not develop a bad memory. Take Vacation days so that the municipality will have no claim on your time or any fees you are paid.
Go in, speak slowly and explain exactly hat you know. Don't embellish.
This is easy. just answer each question truthfully. I don't know about charging / selling for the pictures. Ford will try to have them subpoenaed If you try that. If you tell the truth no one can get to tough with you except the plaintiff's attorney and if you are truthful he can't complain. It is very hard to argue with Fire/EMS.
The subpoena should list the plaintiff's attorney. I would visit them before the deposition. I would explain my predicament. They may want the photos also. BUT, you can probably get a little legal advice from them for free. I am actually surprised they haven't contacted you already IF they know you have photos. Both sides should want to see them. So far, it is a fishing expedition. They do not know what you have, what can or cannot be proven with the photos.
Since you are a professional photog, albeit a freelancer, you need to talk with an attorney to find out your rights to YOUR professional property. In my county, a person can get a half hour consultation through an attorney referral service for $5. The idea is you may want to hire the attorney once you have advice. You may check the local bar association or look in the yellow pages for a referral service. I have used this service twice before & found it useful.
And whereas you have been subpoenaed, you are NOT an expert witness until you have been determined an expert. Once you are determined to be an expert in some field, then you can hire yourself out & charge the big bucks for your expert opinion. Simply because you are a professional photog does not automatically make you an expert.
Does the subpoena mention or request the photos? If not, don't bring them. If the subpoena does not order you to bring something, you do not have to bring it.
As for what to expect... you will be sworn in. [Or you can really play games with them. When they ask if you swear to tell the truth, say no.] Once sworn in, just answer the questions honestly & with as short an answer as you can. If you have any doubt as to what they are asking, ask for an explanation of the question. Do not assume you know what they want.
Just relax. I have given several depositions. Spent over 30 hours for one case & I am still alive. It is to the attorneys' benefit to have you relaxed so you feel more open to answer & you can remember things better.
I would expect you can charge your normal rate for the photos simply because you are a professional. BUT I would find me an attorney first to explain just how to collect & to make sure you have a legal basis to charge.
Have fun. Quit worrying about it. You are NOT the defendant nor the plaintiff. Nor one of the lawyers!! You are just a witness called to clarify an issue in the case. Nothing more.
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