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Slipped his guard, nailed the deposition
His father and brother had hired a security man to watch him at the Four Seasons Hotel in Beverly Hills, because they were afraid he would not show up. He had already skipped his previous deposition, and this one was court-ordered. The guard fell asleep, and the rock star went out the window that night and on a heroin binge.
His lawyer, Orin Snyder, waited at the Four Seasons the next day, terrified that a judge would hold them in contempt if the witness never appeared. Then the rock star walked in off the street with shaking hands and bloodshot eyes. He sat down and nailed the deposition.
Why can skipping a deposition end in contempt?
A deposition is testimony given under oath, and a court order to attend carries the same force as any other order from a judge. In U.S. federal courts, Rule 37 of the Federal Rules of Civil Procedure lets a judge sanction a party who fails to appear. Sanctions can include paying the other side's costs, and in serious cases a judge can bar evidence or rule against the party. Contempt is a separate tool that can bring fines or jail until the order is obeyed.
How is a deposition different from testimony at trial?
Depositions take place in a lawyer's office or conference room, not a courtroom, with a court reporter taking down every word. The witness is under oath, but there is usually no judge and no jury present. Opposing lawyers can ask wide-ranging questions, and the transcript can be read back at trial if the witness later changes the story. Federal rules generally limit a deposition to one day of seven hours.
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