What is a Deposition?

When a lawsuit is filed, the parties need to get more information about the case before discussing settlement or taking it to trial. This information-gathering process is called discovery. The facts and potential evidence gained through discovery helps the parties clarify their strategies and streamline the litigation. One way the parties to a lawsuit may conduct discovery is through depositions. We’re going to cover exactly what a deposition is and what to expect if you’re involved in one.

Deposition Defined

So what exactly is a deposition? A deposition is a formal statement given by a witness under oath outside of court before a trial. It involves a witness answering questions about the case as a way to determine what he/she knows about the case and to record the witness’s testimony. This is also a way for the parties to learn all the facts of the case (i.e. what happened and who was involved?) so that, if the case is taken to trial, no party is surprised by what the witnesses say on the stand. It also helps point out the weak points in the arguments for both sides.

The Deposition Process

Depositions often take place in the informal setting of an attorney’s office, and not a courtroom. The process involves the attorney’s asking the deponent—or witness—a series of questions about the facts and events surrounding the case. The entire deposition is recorded word-for-word by a court reporter who prepares a verbatim transcript. If a deponent is ill and cannot attend the trial or is out of town on the trial date, the deposition may be recorded for use at trial. In some cases, the testimony recorded in a deposition may be admissible in court.

Depositions can vary in length depending on how involved the witness is in the case. All parties may attend the deposition, including the claimant, defendant, and their attorneys. An attorney for the deponent may also attend, but their legal capacity is somewhat limited. For example, the witness’s attorney may object to a question posed by an opposing attorney, especially since questions may often be broader than they would be on trial, but the deponent is typically obligated to answer all proper questions. 

Remember, anything said in a deposition is stated under oath. False statements made under oath may have civil and criminal penalties. 

If you’re involved in a deposition or have any questions, contact the attorneys at Jones Obenchain.

How the Recent Michigan Supreme Court Ruling will Affect You

Throughout the COVID-19 pandemic, Michigan Governor Gretchen Whitmer has taken affirmative steps to limit the virus’s spread. Among other things, she issued dozens of executive orders to help flatten the curve by limiting social gatherings, requiring mask usage, and encouraging social distancing. These measures have had various effects on Michigan businesses and residents. But on October 5, the Michigan Supreme Court issued a landmark opinion curtailing the Governor’s authority to issue or renew COVID-19-related executive orders after April 30, 2020. Let’s dive a little deeper into the background of this case and the questions involved.

The Case

The Court dealt with two issues concerning the Emergency Management Act of 1976 (EMA) and Emergency Powers of the Governor Act of 1945 (EPGA). Governor Whitmer issued her executive orders regarding COVID-19 under these two acts. These put the Michigan in a “state of emergency” under both the EMA and EPGA on March 10, 2020. These orders also established requirements for face masks, business operations, stay-at-home mandates, and other emergency procedures. On April 1st, Governor Whitmer issued another executive order placing Michigan under a “state of disaster” under the EMA. The legislature extended these states of emergency and disaster until April 30th, 2020. On April 30th, Governor Whitmer re-declared these states of emergency and disaster under these statutes sans legislative approval.

At the beginning of the pandemic Governor Whitmer issued executive order EO 2020-17. It prohibited healthcare facilities from performing nonessential medical procedures under the state of emergency. The case of the Midwest Institute of Health, PLLC vs. Whitmer deals with the legality of the Governor’s emergency powers. You can learn more about the specific timeline of Governor Whitmer’s executive orders here.

The Michigan Supreme Court Opinion

The Michigan Supreme Court considered the question of Governor Whitmer’s ability to issue executive orders under the EMA and EPGA. They concluded the negative; the Governor does not have the authority to declare emergency orders under the EMA and EPGA.

Concerning the EMA, the Court unanimously decided that Governor Whitmer’s redeclaration of the state of emergency every 28 days was unlawful without legislative approval. This means that post-April 30th, it was unlawful for the Governor to redeclare the state of the emergency under the EMA without congress’s go-ahead.

In a 4-3 split, the Court ruled that the EPGA was an unconstitutional delegation of legislative power to the Governor. They cited that the statute grants the Governor emergency powers under the guidelines of “reasonable” and “necessary”. The Court determined that neither term places specific or meaningful limits on the Governor’s actions. Thus, the EPGA itself is unconstitutional.

The ruling in both cases means that Governor Whitmer will need to work with the state legislature on all future COVID-19 measures.

What this means for Michigan Residents and Businesses

This ruling means that the Governor’s executive orders issued after April 30th are unconstitutional. On October 12, 2020, the Court denied Governor Whitmer’s request to delay the effects of the ruling until October 30th to give the state time to “transition”. The Governor’s executive orders are no longer valid, so the Michigan Department of Health and Human Services has issued a COVID-19 order that impacts businesses. This order follows similar guidelines established in the Governor’s now-invalid executive orders, but under alternate authority. 

What Michigan employers can expect and prepare for:

  • Guidelines like face-mask mandates, social-distancing parameters, and other safety standards for the workplace still apply. 
  • The order states that employers may not require workers to gather together at the workplace in violation of the order if not “strictly necessary” to perform work duties. The order is somewhat unclear about what circumstances require in-person work. But, if applicable, Michigan businesses should begin documenting why in-person work is necessary for operations.
  • Since we do not know precisely how employers can require in-person work, it is not advisable to implement immediate or drastic change. Be sure to carefully review the adjustments made to the guidelines and how they impact the operations of your business. 
  • If in-person work is necessary, ensure that employees have the appropriate facilities and guidelines to follow the MDHHS order. 
  • Be sure to check with your local government officials to ensure that you adhere to municipal COVID-19 guidelines.

What residents can expect:

  • Guidelines like face-mask mandates, social distancing parameters, and other safety standards issued through the Michigan Department of Health and Human Services still apply. 
  • Just as with businesses, local government guidelines could also impact day-to-day life. If you’re confused about municiple guidelines, contact your local health authorities for more information. 

Even though we are all operating amidst great uncertainty, it is certain that Michiganders can expect some changes in the coming months. It is advisable to take it slow when changing your business’s COVID-19 procedures to maintain a sense of stability for your employees and customers.

We know that all of the rapid and dramatic change can be unsettling and confusing for you and your business. We’re here to help. If you’re wondering how this new ruling could impact you, contact the lawyers at Jones Obenchain! 

National Secondhand Wardrobe Day

National Secondhand Wardrobe Day is August 25. How many times have you bought an item of clothing that you wear once or twice and then throw it away after years of collecting dust in the back of the closet? Unfortunately, the answer is probably too many times. There used to be a stigma surrounding secondhand clothing stores, or thrift shops, but that has now become a thing of the past and it is more acceptable to buy clothes secondhand and donate used clothing.  This change in attitude has created a positive cycle that is crucial for cutting back on waste. Some of the benefits of  secondhand shopping are; it saves money, has a positive impact on the environment and can fill your closet with great additions to your wardrobe. To celebrate on  August 25, head to your favorite thrift store and get some new (old) threads!

IRS Urges Public to be Aware of Common Tax Scams

The IRS continues to warn consumers to guard against IRS scams. Criminals pose as the IRS to trick victims out of their money or personal information. These scams can come via phone calls or email. One things taxpayers should know is that IRS generally first mails a bill to a taxpayer who owes taxes To see a list of tips to help you avoid being a victim of these scams visit:https://www.irs.gov/newsroom/all-taxpayers-should-know-the-telltale-signs-of-common-tax-scams

JO Knows Professional Malpractice

Professional Malpractice occurs when the accepted standard of care in not provided to a patient or client.

The consequences for the patient or client and their family can be devastating and long-lasting. Professional-service providers have a responsibility to provide adequate and appropriate service. When their failure to provide appropriate care or services causes harm, the professional may be held liable for their negligence.

Professional malpractice cases can be difficult to prove, so it is important to have legal assistance to help gather the evidence needed for your case.

We have experience in this area and can assist you with your professional-malpractice claim.

JO Knows Personal Injury & Wrongful Death

Personal Injury & Wrongful Death
Plaintiff and Defense
Automobile and Industrial Accidents
Products Liability
Premises Liability
Worker’s Compensation

When you’ve been injured, your focus should be on getting better. But that can be difficult as medical bills mount and insurance companies call with settlement offers. The last thing you want to deal with as you recuperate are medical professionals and insurance companies.

But you don’t have to go it alone. For over 100 years, Jones Obenchain’s lawyers have represented individuals who have been injured through someone else’s negligence—whether in a car accident, slip-and-fall incident, or by a defective product. And because we represent not just the injured, but also those accused of negligently injuring someone else, we’ve developed the expertise necessary to assess injury claims from every angle.

And the work we do for injured people gets us into court—a lot. Unlike many injury lawyers who never see the inside of a courtroom, we actually try cases. In fact, in 2018 Jones Obenchain tried more civil jury trials than all other firms in the state of Indiana except one according to the Indiana Jury Verdict Reporter.

But our lawyers are skilled in alternative-dispute resolution too. We regularly participate in arbitration and mediation which reduces the cost of litigation and gets cases resolved more quickly than a trial. So if you’ve been injured and need help, call Jones Obenchain, LLP.

Attention Teachers: Something You Should Know

Back to school time is fast approaching and how that may be different this year is a hot topic of conversation. One thing that remains the same for teachers, is that they may be able deduct, amounts not reimbursed, of their own money spent for supplies for their classroom. For details and additional information visit:  https://www.irs.gov/newsroom/attention-teachers-those-school-expenses-might-be-tax-deductible

Work Like a Dog Day

August 5 is Work Like a Dog Day.  This day is meant to reward people who work day and night and are very productive. This unofficial holiday is built around the  phrase “works like a dog” which means to work very hard. It is believed that the phrase came from the hard work that working dogs such as;  herd dogs, hunting dogs, rescue, and service dogs tirelessly do each day. Wonder how to celebrate? You can of course congratulate those who work hard at their job and/or chosen profession or, since most pet dogs don’t work much and prefer spending time lazing around, you could be a contrarian and celebrate Work Like a Dog Day by not doing any work at all!

JO In Action – Tom Vetne

Composting is one of the easiest and most effective ways to minimize your carbon footprint and build healthy soil. JO partner, Tom Vetne, has been a fanatic at it for over 15 years. A master composter, he turns his own family’s food-and-yard waste—and the coffee grounds, tea bags, and banana peels the office generates—into the dark, rich soil amendment prized by gardeners everywhere. Tom is so compost-crazed committed to composting that he’s expanded his operations beyond the backyard pile he’s fawned over tended for over a decade. After years of nagging careful negotiations, Tom’s wife threw in the towel allowed him to try his hand at vermicomposting—the process of using earthworms to turn table scraps into compost. The results after two years have been promising: his wife hasn’t move out his worms are thriving and producing copious amounts of compost for his wife’s roses which he has had to buy a lot more of to stay on her good side. If you’re inclined to start a backyard compost pile, you can find some helpful tips here. And if vermicomposting appeals to you, try this site.