medical records suponaed. 9-inch iPad Pros ; Same day or overnight delivery of final transcripts. If I instruct you not to answer a question, don't answer it no matter what the other lawyer says. General Questions. If the ruling on the motion could terminate the litigation and end the dispute before trial, it is called a dispositive motion. In general, the expectation is that lawyers are going to be reasonable in the taking of depositions, such t. — Rule replaced in its entirety by order filed September 29, 2010, effective January 1, 2011. to take depositions of witnesses, upon application and approval of the Court, if the witnesses may be unavailable for trial due to age, infirmity, or a military deployment. Beach Tags: Family Law, Trending News & Topics, blogs. Any person for whom votes were cast in a primary election for nomination as a candidate for election to an office who was not declared nominated may file with the board of elections of a county a written application for a recount of the votes cast at such primary election in any precinct in such county for all. Contact the criminal court in the town, village, or city in which the incident occurred. Pur-suant to FRCP 31, depositions may be conducted via written questions where the issues to be addressed by the witnesses are narrow and straight-forward and the hardships of taking an oral deposition would be substan-tial. While few people ever actually win a will contest, these contests can be extraordinarily costly and create incredible delays. Unless you get caught. Testamentary Capacity - refers to an individual's capacity to make a will. Jason Simpson Deposition of May 8, 1996.



com is the place to go to get the answers you need and to ask the questions you want and you should have legal counsel with you to assist you in answering the deposition. Prepare a list of questions that you would want to ask and bring necessary documents. 154 regarding the taking of depositions under the same rules as depositions in other civil actions, applies if no contest has been filed with respect to an application for the probate of a will. 31 In other words, you can ask the corporate representative any relevant questions even though you noticed the deposition under the corporate representative rule. Find out more about wills and probate. Court judgments are not self-enforcing. Probate Procedures and Alternatives Chapter 4. The deposition of Jim Warren was one that people seemed to miss, but, take it from me, it's well worth a read. Plaintiff sustained grave injuries due to defendants' actions. New York’s Surrogate’s Court Procedure Act (SCPA) § 14101 provides, in relevant part: 1 SCPA § 1410. AN "INSIDER'S" GUIDE TO THE LEGAL LIABILITY OF SPORTS CONTEST OFFICIALS RICHARD. * "The real voyage of discovery consists not in seeking new landscapes, but in having new eyes. Someone who suspects undue influence must bring a will contest in probate court, after the will-maker's death. Either party to a lawsuit may take a deposition to find out what the other side, or any witness knows about the case. FAQs (Frequently Asked Questions) The Erie County Clerk's Office processes over 2 million transactions per year.



Members of The Mississippi Bar may practice law in Mississippi. When Can You Contest a Deposition Fee Under 5710? Posted By: Harvey Brown July 1, 1995; The question has been raised as to when it is proper to pay the applicant's attorney's deposition fee request under Labor Code Section 5710 (b)(4). After Daubert, counsel deposing experts will want to prepare highly specific lines of questioning based on the detailed content of the expert's report. When an interested party such as a decedent's next of kin is considering a Will contest, SCPA section 1404 allows such party to obtain discovery of the attesting witnesses and the person who drafted the Will before formal objections need to be filed. My mom's condition has already been verified by her doctor, a lawyer, psychologist and a social worker. Under oath means that the person who is testifying is sworn, under penalty of perjury, to tell the truth. Closing Arguments. You can’t make this stuff up. Statutory Requirements for a Valid Written Will. This section will tell you what you can expect during a divorce trial. In general, the expectation is that lawyers are going to be reasonable in the taking of depositions, such t. During the deposition, lawyers will ask questions of the witness, and the answers are recorded by an official court reporter. will contest is both a civil action and a special proceeding in the county judge's court, and when filed within a probate proceeding, the parties are entitled to the use of discovery devices provided for in the Florida Rules of Civil Procedure. This is an essential question because its answer may have major consequences not only for the relevance of the amyloid cascade but also for therapeutic approaches. OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION (OSHA) INSPECTION CHECKLIST Occupational Safety & Health Administration (OSHA) has the authority to conduct inspections of workplaces and bring enforcement actions against employers found to be in violation of the OSH Act or health and safety standards. If it is a difficult or unguided experience, it may not make things easier for the depositions that follow. Depositions "A deposition is like testimony in court--under oath--but it occurs before trial, outside the courtroom, and without a judge or jury present. In any case in which there is a contest, depositions may be taken at any time after the service of process upon the notice of contest, and after notice to all parties adversely interested as prescribed for the taking of depositions in actions at law, and the depositions shall be taken and certified and returned as required in other cases. When the attorney claims that the question assumes facts not in evidence, what he is really saying is that the facts that are being presented to the witness are presumably not yet in evidence and therefore, how can this witness properly answer the question if those facts have not been put before this jury?.



Conducting SCPA 1404 Discovery Monday, September 25, 2017 Albany Monday, September 25, 2017 Long Island Tuesday, October 3, 2017 Westchester Wednesday, October 25, 2017 Buffalo Thursday, October 26, 2017 Rochester NYSBA Co-Sponsors: Trusts and Estates Law Section Committee on Continuing Legal Education Monday, October 23, 2017 New York City. OBJECTIONS TO DEPOSITION QUESTIONS. texas rules of civil procedure table of contents part i - general rules rule 1. `My so-called deposition. Eric Greitens refused to answer questions in a deposition Thursday, leading defense lawyers to call for. Depositions - A deposition is testimony that is given under oath. With the second example, the tendency will be for the young attorney to read the notes, look up from his or her notes, form a question, listen to the question, analyze whether the witness has really answered the question, form a follow-up question, and so on. What should I do if my Gift Card is lost or stolen? Your gift card is the same as cash and it is like losing cash if it is lost or stolen. that invites students to design an original piece of art, jewelry or architecture, or to make an existing design better. By MICHAEL MAGGIANO, ESQ. If the person who has died leaves a will. Super clean realtime that you can read - (national realtime and speed contest medalist) 12. News & Events. Mental competence is the key to rational decision making. Ilana Drescher is an associate with Bilzin Sumberg Baena Price & Axelrod LLP in Miami, Florida. Obtaining Discovery From The Guardian Ad Litem By Vic Brown Hill The guardian ad litem (GAL) in a custody case is in a position to make or break the case for either party second only to the trial judge and the parties themselves. A deposition isn't a contest and you won't lose points by truthfully admitting you don't know something. Art Add a little culture to every travel experience.



The deposition of Willie Roy Reathy on August 27, 1997, in Corpus Christi looked to be another routine skirmish in the asbestos wars. CattleToday. 154 regarding the taking of depositions, applies if no contest has been filed with respect to an application for the probate of a will. The witness should be asked whether he or she was asked the questions and gave the answers on the date of the deposition(s). Jason Simpson Deposition of May 8, 1996. Public Justice Fights For Your Right To Stop Credit Agencies From Lying About You. The witness is supposed to answer all of those questions to the best of his or her ability, unless the question is objectionable. What many don't know, especially here in Asia, is the Fifth Amendment may also provide a valid excuse - even for foreign citizens - to avoid testifying in a U. A deposition is merely a session where you give a series of answers to questions asked by the opposing attorney. Some depositions are ‘de bene esse’ which means the deposition is being recorded and will be played as a video in trial. These are what they are, and they take as long as people want to keep talking. • The words and acts of all attending parties. Little Johnny, a youth (under twelve) soccer player, is lying flat on his back on a soccer pitch with two large wounds on the outside of his knee, caused by being spiked by an opponent wearing illegal. The Bexar County Probate Courts are tasked with probating the wills of deceased persons, declaring the heirs of deceased persons who die without a will, establishing guardianships for incapacitated persons, and Probate Court 1 supervises court-ordered mental health commitments in Bexar County. If a lawyer does take a will contest on a contingency fee, be sure to check their experience level and reputation. If you have questions about whether you have a claim for medical negligence against a doctor, hospital, surgeon, nurse or other health care professional, please contact our Houston law firm for a free consultation at 713-587-9668 (toll free at 800-580-9121). When an interested party such as a decedent's next of kin is considering a Will contest, SCPA section 1404 allows such party to obtain discovery of the attesting witnesses and the person who drafted the Will before formal objections need to be filed. Some depositions are 'de bene esse' which means the deposition is being recorded and will be played as a video in trial. computation of time rule 5.



LAWTER, JR. PREPARE FOR THE DEPOSITION. Deposition testimony is often taken to confirm or establish testimony which can be used as evidence at trial or in pretrial motions, as well as for impeachment purposes. Attendance at a Hearing or Deposition. The role of Notaries in taking depositions varies depending on state law. Outlines are also a critical tool. Answers to frequently asked divorce questions. How Depositions Work. Weil and Brown, Cal Prac. texas rules of civil procedure table of contents part i - general rules rule 1. Most people have seen a trial on a television show where the attorneys go back and forth asking witnesses questions before a judge and jury. To view these documents you must have Adobe Acrobat Reader installed on your computer. The Officer Doesn't Show Up. In addition, the court, attorneys, assessors, and other professionals involved all charge fees for processing an estate. While there is no judge, jury, or maybe even other lawyers at a deposition, your answers to questions in a deposition are under oath. Experts may not only be critical to the introduction of evidence (i.



On January 23, 2007, the Illinois Appellate Court, Fourth District, affirmed the decision of the Circuit Court of Coles County, finding the circuit court had not abused its discretion in disallowing certain portions of deposition testimony offered by the defendant. Topics include separation, temporary orders, the steps of divorce, settlements, post-divorce issues, and more. With the second example, the tendency will be for the young attorney to read the notes, look up from his or her notes, form a question, listen to the question, analyze whether the witness has really answered the question, form a follow-up question, and so on. What Kind of Questions Should You Expect at Your Deposition?. Conducting SCPA 1404 Discovery Monday, September 25, 2017 Albany Monday, September 25, 2017 Long Island Tuesday, October 3, 2017 Westchester Wednesday, October 25, 2017 Buffalo Thursday, October 26, 2017 Rochester NYSBA Co-Sponsors: Trusts and Estates Law Section Committee on Continuing Legal Education Monday, October 23, 2017 New York City. attorneys frequently field questions from their divorce clients about depositions. PREPARE DEPOSITION OUTLINE CREATE CHECKLIST OUTLINE FOR DEPOSITION. For example, I may. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads. A statement that does not qualify as defamation per se is classified as defamation per quod. Second, do not become tied to your notes. Ilana Drescher is an associate with Bilzin Sumberg Baena Price & Axelrod LLP in Miami, Florida. Court Disclaimer: Use of this form may not be appropriate in all instances. Let this information serve as your guide—and if you have further questions specific to your situation, we recommend seeking the advice of an attorney. Blog, May 29 2019. Congratulations! You have a judgment. Are you worried that your children will be fighting over your possession after your death? Even if you have a will in place, there is the possibility that some of your heirs will contest the terms of your will if they feel they are not getting what they deserve. My role at the deposition is to protect you by objecting to improper or inarticulate questions. The sample depositions in these books contains thousands of examples of appropriately-phrased deposition questions. Judges typically only question spouses directly in uncontested divorce hearings.



Where Do I Find the Court Rules for Civil Claims? The rules for civil cases of the Court of Common Pleas are found in the Rules Book of the Delaware Code Annotated. Assessment Appeals – Frequently Asked Questions. In one precedential case, the U. will contest is both a civil action and a special proceeding in the county judge's court, and when filed within a probate proceeding, the parties are entitled to the use of discovery devices provided for in the Florida Rules of Civil Procedure. Questions often arise about who can attend depositions in civil cases. Therefore, before publication, large data sets (including microarray data, protein or DNA sequences, atomic coordinates or electron microscopy maps for macromolecular structures, and climate data) must be. (a) Procedure. Here is our complete guide to explaining DUI’s on job applications and in interviews. This paragraph (a)(1) shall be applicable only to a proceeding to contest whether an exercise of a power of appointment by any written instrument other than a will is valid to the extent that the basis for such contest is a failure to comply with formalities for the execution of the power of appointment, undue influence over the exercisor, or. Questions about Will Contest Law in Minnesota? Our office receives numerous telephone calls every month from people who are upset about what their sibling or relative is or is not doing about a deceased person's estate. Here you will find answers to many frequently asked questions, including: How do I know if probate is required? How much are the probate fees? How long does probate take to issue from the date of application? How do I apply if there is no Will? Probate Registry Department of Justice Supreme Court of WA Level 11, David Malcolm Justice Centre. And isn't that the goal? So here they are - the Top 10 Killer Deposition Questions: "Have you ever been arrested?" (And the follow-up: "Have you ever been convicted?"). The statements are elicited through a series of questions posed by the opposing party's attorney. The party being deposed ("deponent") is entitled to have his/her attorney present. Cell phone ticket 1225-D – I was on the Cross Island Parkway in literally bumper to bumper traffic around 5:30, pure rush hour home traffic, at every stop, I would type a part of a short message and at this one point where I had the phone and was putting it down as I saw the traffic moving, an police officer in an unmarked car saw me and. The Monster Energy & Live Nation Scratch for a Chance to Win Contest is open to legal residents of Canada only, and is governed by Canadian law. A deposition is one of the most important events that happens in a civil lawsuit. Kline, 845 F. Be polite, but don't make small talk.



This web page has many external links to valuable resources. June 27 in Winter Park's Central Park. How Car Insurance Companies Investigate Accident Claims After you file a claim with your car insurance company, the claim goes through a process that leads to a settlement. A deposition is a court proceeding used to obtain evidence prior to trial. The scope of 1404 depositions is limited to matters concerning objections to probate that may be raised by the interested party. Needlessly stating information not requested may damage your case. Duty counsel (or your lawyer) may have already asked you these questions in private. You may ask questions of the health care providers at any time before, during, or after the study. Step 2: Complete the Form(s). At the end of the interview, you will have to print your forms. Another use of a deposition is to “lock in” someone’s version of the truth. - A copy of the notice and copies of all questions served shall be delivered by the party taking the deposition to the person designated in the notice to take the deposition, who shall proceed promptly, in the manner provided by Rule 30(c), (e), and (f), to take the testimony of the deponent in response to the questions and to prepare, certify. When I started out as a lawyer, I was thrown into the pit like all too many of us, wished luck and was told basically to figure things out for myself. DEFINITIONS/KEY WORDS 15-24. The Agreement only applies in Credible Fear Screenings. Gonzalez, Esq. (a) If a will is to be probated, or in another probate matter in which there is no opposing party or attorney of record on whom to serve notice and copies of interrogatories, service may be made by posting notice of the intention to take depositions for a period of 10 days as provided by Section 51.



Because one must pay the court reporter for attending the deposition (and transcribing the deposition if desired) and one must pay for one’s attorney to prepare for and attend the deposition, depositions are expensive. Do Interrogatories Apply and Must be Answered in a Will Contest Case? Full Question: I am contesting my father's will in Orphan's court for Howard County, MD. Skidmore D iscovery in probate court proceedings can be quite inter - esting—gold coins buried in the basement, exotic danc-ers who marry into the family, and elders who hear aliens knocking on the windows. If you recently received a New York speeding ticket, contact The Rosenblum Law Firm. It should be considered only as a guide on the conservatorship process and not as a substitute for compe tent professional advice. Which type of Restraining Order do I need? If you need protection from a family member (for example, parent, spouse, child, sibling, or current in-law), or a dating partner (for example, current or former girl/boyfriend), you may file a Domestic Violence Restraining Order or Elder Abuse or Dependent AdultRestraining Order. Unfortunately, disease or injury can affect the mind making it hard for a person of any age to make sound decisions. McCain’s Role in Spygate Scandal. Self proving wills may be the solution. Furthermore, the deposition reactor chamber has to be clean, leak-tight, and totally free of dust and dampness. which skill your lawyer, his lawyer and the two one in. (1) In General. Under this rule, clients can hire attorneys for limited matters such as one day in court, preparing and attending a pretrial conference, taking depositions, or drafting documents. 00? A: When you fail to pay or appear in court by the date given on the bottom of your citation, the court increases the amount owed by a $300. Out of Sight, Not out of Mind: Deposition Ethics and Best Practices Lawyers tempted to engage in harassing or obstructive tactics during depositions should be aware that just because they’re out of a judge’s eyesight doesn’t mean the discovery rules and ethics codes don’t apply. Is a deposition necessary in probate or is that just for lawsuits? Our probate attorney told us the first thing that needed to be done was a deposition to determine the value of the estate.



rules were rescinded by Court Order and replaced entirely with the rules listed below, effective July, 1, 2016. The lawyer taking the deposition may ask you to identify certain documents and ask you questions concerning those documents. While will contest proceedings are uncommon, they occur often enough that you should consider the possibility of a challenge to your will, and how you might prevent that from occurring. The probate laws of the state in which the decedent was a permanent resident determine who will get the decedent's personal property (wherever it was located) and the decedent's real property located within the state. — Rule replaced in its entirety by order filed September 29, 2010, effective January 1, 2011. 2 days ago · Contradicting both his Department of Justice and his secretary of Commerce, President Donald Trump vowed on Wednesday to keep fighting to have a citizenship question added to the 2020 census. If you do not understand a question, say so. “The Department of Justice is going to have to agree to allow him to come back and answer a great many questions that currently he is not answering,” Issa added. If you have a question, state that you want a recess. We can offer only one pearl of wisdom: If the questioning attorney asks questions that seem to "force" answers that will distort your professional opinion, be assertive and indicate to the judge that you cannot answer the question as posed. ” David Kramer is the name of McCain’s aide. ESI SCHEME. construction of rules rule 3a. First and foremost is to answer only the question asked, only in the narrowest of terms necessary to answer the question, and then to stop and add no further details. Each of these cases settled at mediation, without going to court. Questions about Will Contest Law in Minnesota? Our office receives numerous telephone calls every month from people who are upset about what their sibling or relative is or is not doing about a deceased person's estate. This Site Might Help You. It should be considered only as a guide on the conservatorship process and not as a substitute for compe tent professional advice. With over 19 years of trial presentation experience in over 1,650 trials, On The Record understands that video deposition testimony can be pivotal at trial. Questions Frequently Asked.



Assessment Appeals – Frequently Asked Questions. If grounds for objection to the deposition officer are discovered at the deposition, put the objection on the record. We offer these forms as a convenience and to save individuals a trip to one of our facilities. The Value Of Specific Objections At Deposition This type of question and the ones below are the most dangerous, in part because adversaries may use them to try. The sample depositions in these books contains thousands of examples of appropriately-phrased deposition questions. scope of rules rule 3. A four-day trial resulted in a finding that an amendment to a trust, disinheriting my client, was the result of undue influence. Mediation is the cutting edge dispute resolution process which resolves litigation at a fraction of the cost, time and emotional pain of trial. A deposition is your testimony, under oath. (2) a hearing to contest the validity of the registered determination must be requested within twenty days after service of notice; and (3) failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted. Depositions sometimes help to settle the case, because the facts are known to both sides. Depositions provide an opportunity to question the opposing party via live testimony in a trial-like setting. If there is no question pending, don't say anything. A deposition isn’t an endurance contest. Any party may, by subpoena without a deposition: (A) require the production for inspection, copying, testing, or sampling of designated books, papers, documents, tangible things, or electronically stored information (including writings, drawings, graphs, charts, photographs, sound recordings, and other data compilations from which information can be obtained. i come to this basis b/c brother gets most of estate and also b/c he took her to. The following are examples of actual deposition questions estate planners have faced in will contests: Q. Head on Attacks on Credibility. You can object to the form of a question in deposition. Home Blog Family Law Seven Things You Need to Know for a Deposition in Your Divorce Case Ciyou & Dixon, P.



On January 23, 2007, the Illinois Appellate Court, Fourth District, affirmed the decision of the Circuit Court of Coles County, finding the circuit court had not abused its discretion in disallowing certain portions of deposition testimony offered by the defendant. Judge Wright waited until after the completion of the impeachment process before finding Bill Clinton in contempt of court for his willful violation of discovery orders. Plaintiff, by and through its attorneys, and pursuant to Rules 33 and 34 of the Federal Rules of Civil Procedure and the Local Rules of this Court, responds and objects to Defendant Dentsply International, Inc. At times, due to the complexity of the appeal, it may take longer. An undue influence trial usually requires many days of examinations for discovery. 350(a) from a person who is not a party by issuance of a subpoena directing the production of the documents or things when the requesting party does not seek to depose the custodian or other person in possession of the documents or things. When can I apply for the Amnesty Program? Who is eligible to apply for the Amnesty Program? Where can I get information on the Amnesty Program? How do I get a copy of my driver record? How do I register for an online account? What if I don’t remember my password?. Science Advances supports the efforts of databases that aggregate published data for the use of the scientific community. Experts Will Tell You a Lot in Depositions if You Ask the Right Questions looks like preparation for a great contest—mano a mano—between lawyer and expert. If I instruct you not to answer a question, don't answer it no matter what the other lawyer says. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads. A party may move that a prospective witness be deposed in order to preserve testimony for trial. (a) When Taken. may appear by attorney rule 8. Robert Kardashian Deposition of May 3, 1996 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES Sharon Rufo, Plaintiff vs. Requirements for an Uncontested Divorce in Arkansas.



If you have a question, state that you want a recess. Kline, 845 F. Can I be Forced to Testify as a Witness? Posted on 03-25-2015 by Rosanne M. KINDREGAN* At the heart of the skills which a lawyer offers to his client is the exercise of his independent professional judgment. If a lawyer does take a will contest on a contingency fee, be sure to check their experience level and reputation. But what is undue influence? How do you prove it? There are five (5) important questions you NEED to ask if you believe that a will was caused by UNDUE INFLUENCE. You must check any Parts below that have questions to. The last deposition I posted, that of Stephen King, was a delight for all who read it, albeit long - but I can't help with that. If you are involved in a Probate dispute, you may be asked to give a deposition in the case. At the deposition, you will be testifying from your memory of the. News & Events. Obtaining Discovery From The Guardian Ad Litem By Vic Brown Hill The guardian ad litem (GAL) in a custody case is in a position to make or break the case for either party second only to the trial judge and the parties themselves. 109, Florida Statutes (2011)- "Any interested person, including a beneficiary under a prior will, unless barred under s. Thomas, Florida probate lawyer specializing in trust administration, claims against estates, will contests, distribution of assets and heirship determinations. The answers to these and other questions are relatively clear under the Federal Rules. The loss of an undue influence case at trial can have devastating effects on both the client and the lawyer.



Although you might have your trial strategy in mind, it's easy to lose track of what you're doing when you're actually in court. enlargement of time rule 6. This is why probate is almost always filed in the decedent's home state. This user guide is intended to answer some of the questions you may have regarding the procedures, roles and responsibilities of the Probate Court and the conservator whom the court appoints. Eric Greitens refused to answer questions in a deposition Thursday, leading defense lawyers to call for. For more information on the EnvisioNano contest rules and judging, visit the EnvisioNano page. Letting your client know who will be present at the deposition ensures there is no shock or surprises on that day affecting your client’s ability to focus on the opposing counsel’s deposition questions. If you do not understand a question, say so. That way an attorney can know what the answers are to certain questions long before trial. I'm proposing a new holiday. If you have a question about payment status and you are represented by counsel, contact your attorney. In legal maneuvering around a defamation suit by Summer Zervos, one of many women alleging sexual misconduct by the president, a judge has rejected Trump’s claim that he can’t be sued in state. Questions Frequently Asked. A Vossius ring is a result of compression of the pigmented posterior iris epithelial cells and/or pupillary ruff against the anterior lens capsule with abrupt blunt force to the eye. A will contest is a proceeding to have a deceased person's will declared invalid, sometimes in part and sometimes in full. Martin County Cotton Yield Contest Martin County Cotton Yield Contest will be held this year.



General Questions. If you have a question, state that you want a recess. The Who, What, Why Etc. Depositions are fact finding missions. These are what they are, and they take as long as people want to keep talking. Depositions sometimes help to settle the case, because the facts are known to both sides. A successful direct examination can be accomplished by controlling the witness without hampering her ability to testify freely, truthfully and honestly. An explanation of direct examination procedures used in trials. The State, but not the defense, may depose an elderly or disabled person who is the alleged victim of or witness to an offense for the purposes of preserving the person’s. ) has ordered that Sec. While there is no judge, jury, or maybe even other lawyers at a deposition, your answers to questions in a deposition are under oath. Self proving wills may be the solution. Discovery in Probate Court Litigation By David L. The Tennessee Rules of Civil Procedure allow a party to require another party to answer written questions under oath, referred to as interrogatories. We will take your production and determine yields per acre for the contest. After the will contest case or undue influence case is filed, the discovery process begins. Abuse of process is a tort that may be claimed in a subsequent legal proceeding, or argued during the current case. Will Contest Deposition Questions.