Written Deposition Pursuant
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11Court Disclaimer:
Use of this form may not be appropriate in all instances. If extra space is required for any answers,
please provide extra answer sheets. Please staple any additional answer sheets or supplemental
materials directly to this written deposition.
Probate Section Comment:
The Court has agreed to allow written depositions in the posted form in lieu of live medical
testimony in guardianship proceedings when the issue of capacity is uncontested. Despite
authorization to use this form, counsel are cautioned to exercise judgment in determining whether
the written deposition is appropriate in a particular case, where additional testimony may be
warranted by the facts involved. A written deposition is not generally appropriate for emergency
guardianships, because of the need for additional testimony about the emergency medical treatment
needed and the alternatives to treatment.
In addition, the Court should not be expected to review handwritten answers; as a courtesy, counsel
should have the deposition answers typed and then returned to the physician for signature and
notarization.
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