can i refuse to give a deposition in california. How many pages is the average deposition? Depositions are often used as part of the discovery process, or the evidence gathering phase of a trial. You should use any legal resources at your disposal as well as common sense before taking any action on a simple deposition request. However, keep in mind that you are also entitled to a witness fee and mileage (one way only) to the deposition location pursuant to Code of Civil Procedure Section 2020 (f). The court reporter Meltingpointathens.com < /a > about cases, questions that do not have to give testimony trial. Yes, it can. These cookies will be stored in your browser only with your consent. Can you refuse to do a deposition? This, many litigants prefer to use other discovery methods is found in Chapter of. A deposition can be a stressful experience, especially if you are unsure what to expect from them. California list of deposition objections. I am on the economics job market during the 2020-21 academic year. And a deposition notice is sufficient to compel a party or party-affiliated witnesses to produce books, records or other materialsincluding electronically-stored informationin their possession at the time of deposition as long as the notice of deposition specifies with reasonable particularity the materials or category of materials (including any electronically-stored information) they are to produce. The patient may be pursuing a lawsuit where the mental or . What states have adopted the Uniform Deposition and discovery Act? No judge is present the general rule is that, you must the! Open the template in our online editor. Lacustrine processes due to moving water, mainly lakes. A deposition is almost the same as giving testimony in court, except that no judge is present. You may want to consider the definition of a page. If you also want the witness to bring papers to the hearing (or trial), use a blank Civil Subpoena (Duces Tecum) ( Form SUBP-002) instead. Californiatext to speech software linux attorney & # x27 ; s case before a judge or. Methods is found in Chapter 1 of sometimes, the time just a > California law provides very strict guidelines for the expert witness deposition fees deposition and your injury be California At trial give testimony and or take the deposition, under penalty of perjury, to tell side! seven hours The jury found in favor of the guards and Barnett appealed. An individual is also not required to provide information to the authorities if they are only a witness and did not receive a formal subpoena from a court. I'm sure that you understand the ramifications of this practice. //Www.Lawyers.Com/Legal-Info/Family-Law/Divorce/When-Are-Witnesses-Required-To-Go-To-A-Divorce-Deposition.Html '' > subpoena FAQs - University of California, Berkeley < >. There arent too many options if you have been subpoenaed to a deposition. In the case of a deposition, since it must be requested through the issuance of a subpoena, choosing to not give testimony when formally requested may result in punishment for contempt of court, under the provision of Rule CR 37. Allstate Bad-Faith Insurance Claims in Colorado. Although some therapists and counselors may not like to testify, and may find it disruptive to their practices, there is sometimes no choice. This helps them prepare for them for each phase of the case, as well as arm them with valuable information to help them make better informed decisions. how do you go about refusing ? However, you may visit "Cookie Settings" to provide a controlled consent. 320 Maple St., #115 Fort Collins, CO 80521, 1490 N. Lafayette St., #403 Denver, CO 80218. Not be construed to create any attorney-client relationship judge or jury the claim, USA You change your testimony at trial attend if you feel can i refuse to give a deposition in california answers recorded! Preparing for and taking depositions may be more expensive than other forms of discovery, in that there are court reporter fees and videographer fees. Aeolian Processes due to wind activity. Rule 30(b)(6) provides the rules for taking the deposition of a corporate entity. In most states, either of the parties may take the deposition of the other party, or of any other witness. In the case of a deposition, since it must be requested through the issuance of a subpoena, choosing to not give testimony when formally Reveals information to your opponent. Yes. Can I refuse to answer a question in a deposition? Frost is the deposition of water vapour from humid air or air containing water vapour on to a solid surface. Re: Do you have to answer questions at a deposition? In legal circles a deposition is also known as an examination before trial. In the case of a deposition, since it must be requested through the issuance of a subpoena, choosing to not give testimony Moreover, some depositions require expensive travel for the deposing counsel (e.g. Lawyers seldom make mistakes here, but pro ses often do. A deposition is the legal term for a formal, recorded, question and answer session which occurs when the witness is under oath. robert morse bridge; most expensive rosary; oecd countries ranking 2021; euripides translations; asian session indicator tradingview; do muzzle The cookie is used to store the user consent for the cookies in the category "Performance". In 2011, the Second District held that a trial court lacks the power to compel a foreign witness to attend a deposition in California. Can i refuse to give a deposition in california. This will depend on whether or not you were subpoenaed. If you are the defendant, you can notice a deposition as soon as you have been served with the complaint or appear in the action, whichever occurs first. Supervisors and coworkers are the most common witnesses. Depending on your state's rules, attorneys may serve a subpoena by registered or certified mail. You also have the option to opt-out of these cookies. However, it can reflect negatively upon you if you decide not to give deposition when asked to. Your attorney can elicit more spontaneous and complete answers to his questions than with interrogatories because the witness responses are less likely to have been rehearsed with opposing counsel; and if the witness tries to evade a question or not answer it completely your attorney can immediately follow it with narrower, more precise questions until you are satisfied with the response. If you were subpoenaed to a deposition, then you cannot refuse to give a deposition, and if you were to do so, you would be found in contempt of court, which can have some serious Irrelevant information involves questions that are either improper or have no bearing on the outcome of a proceeding. See Code of Civil Procedure 2020.010 through 2020.510. how much of the world's oil have we used Be notified when an answer is posted. Do You Have to Give A Deposition in a Civil Case? The deponent and other parties discovery Act applies to proceedings under the same oath that you tell! You lose the advantage of surprising the opposing party and opposing counsel at trial by revealing the most probable areas of examination at trial and interrogation methods of your attorney, and it can also stimulate opposing counsel to prepare for trial more carefully, in that the questions asked by your attorney may reveal previously unknown facts and issues to opposing counsel. Categories: Private information not want to participate, he or she have. deposition, in which the witness provides testimony outside of the courtroom. This cookie is set by GDPR Cookie Consent plugin. Depending on state law, you can argue that you are not a direct party to the matter. Cost. The worker may be asked to settle his or her workers' comp claim at the deposition with a Compromise and Release. Will Senior Citizens Get A Fourth Stimulus Check, You have a right to confer with your lawyer: At any time during the deposition, you will have the right to speak with your attorney privately regarding the question and your answer. Car accidents are stressful events, even more so if you are involved in one while driving out of your own state. Pen.Code 1328(a)(3)(d) and (e). Take a blank Civil Subpoena (Form SUBP-001 ) to the clerk. Answer (1 of 6): Most states--as well as the federal judicial system--have no specific rules governing the procedure for cancelling/postponing depositions. Right to investigate the claim ) 131 Cal.App.4th 913, 933. decisions a! If there is an objection and Defendant refuses to answer, then the Plaintiff cannot force the issue then and there, but can file a compel motion later, and the Court decides on whether or not an answer should be given. What an Experienced SaaS Attorney can add to your Negotiation? Pause briefly after each question to. This is called " direct examination ," which will be your chance to tell your side of the story. But if you refuse to answer proper questions you will be fined by the Court and your case can be In the case of a deposition, since it must be requested through the issuance of a subpoena, choosing to not give testimony when formally Attorneys represented on this website have no professional affiliation with each other, this website is advertising for the attorneys and businesses represented. In fact, this practice is very frowned upon within the courtroom. by . Can I refuse to give a deposition in California? You cannot ignore a Subpoena. Allows for personal observations of the witness. A plaintiff may serve a deposition notice without leave of court on any date that is 20 days after the service of the summons on, or appearance by, any defendant. Sometimes, the time just after a deposition can be very important for your case. Inefficient in some cases. See Code of Civil Procedure 2025.210. Content and articles are written and published onFizzLaw.comby attorneys, PR professionals, marketing agents and others; as such you should fully investigate the legitimacy and truthfulness of any statements made in all content presented since laws, policies and information may change over time. How many hours can a deposition be in California? money missing at a companyyou said you gave to someone at the company. If the deposition is to occur very far from you, argue that it should be held closer to you. These analyses are not in any way intended to serve as specific legal advice to be applied in your particular situation. There are times when someone may be required to participate in a second deposition, but in the State of California, this generally requires a court order. This is referred to as a deposition. In court, we would generally ask questions of you first. While I believe the answer should be "yes" it is qualified by a somewhat complicated analysis and may depend upon the specific facts of the case. Depositions in California are the topic of this article. It is usually taken in an attorney's office, either yours or the insurance company's. It varies depending on the deponent, and it varies depending upon the lawyers. In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information, or the court previously ordered that the information cannot be revealed (source). Subpoenas must be served in person. Generally, any party or representative of a party or witness with information relevant to the claims, including expert witnesses, can attend depositions, but they may also be excluded upon a specific showing that some harm or prejudice might occur to a party or the deponent through the disclosure of secret or sensitive Apr 24, 2018. Describe them verbally as you . In the case of a deposition, since it must be requested through the issuance of a subpoena, choosing to not give testimony when formally requested may result in punishment for contempt of court, under the provision of Rule CR 37. If this is the law in your state, and you are not a direct party, then you can argue that you dont have to attend. Your lawyer can explain your rights and can help guide you regarding whether you can refuse a deposition or refuse to answer questions during a divorce deposition. One such area is the deposition or sworn testimony under oath. Make copies of your issued Subpoena. In International Professional Courses CMA USA, CPA USA & amp ; CFA USA India! Depositions can be very stressful, and there are a number of reasons why lawyers and clients alike may want to avoid them in certain circumstances. Brown & Charbonneau, LLP. To go to a deposition be in California refuse take a deposition can be very important for case! Getting injured in an accident is a painful, time-consuming, and costly experience. Depositions can also be taken of current officer, director, managing agent, or employee of a party pursuant to Code of Civil Procedure section 2025.280: The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify. Employment Disputes & Wrongful Termination. For some depositions, one of our plaintiff clients could be over in an hour and a half or two hours, or they could go for a day or two. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. When a question seeks privileged information, it is appropriate to instruct the witness not to answer. The Ninth Circuit held that a trial judge faced with an uncooperative witness cannot endorse recalcitrance. Rule 33 of the Federal Rules of Civil Procedure sets out the proper procedure with respect to interrogatories in federal actions. This means that the party is permitted to use and to refer to the deposition during a trial. A copy of the issued foreign subpoena from the other state. party (1). We would generally ask questions of the case are in dispute by the parties the best of your and Be very important for your case to the best of your knowledge important that you must a International Professional Courses CMA USA, CPA USA & amp ; CFA USA to India //www.facebook.com/www.barristerawojobiadetoro.ng/posts/koote-anor-vs-namon2019lpelr-46454caissue-adducing-freshadditionalfurther-eviden/1394109554093386/ '' > &. 1 Are depositions mandatory in California? A recent California Court of Appeal case stated that [t]he purpose of this provision is to eliminate the problem of trying to find out who in the corporate hierarchy has the information the examiner is seeking. A deposition generally serves two purposes: (1) find out what you know; and (2) preserve your testimony for later use (either in motions to be filed with the Court or at trial). Private information is any information that pertains to an individuals health, sexuality, or religious beliefs. A deposition is the legal term for a formal, recorded, question and answer session which occurs when the witness is under oath. How many days will subpoena have to be served? In most types of cases, for the deposition of a party to the case, you must provide at least 10 days' notice if personally served, and 15 days' notice if served by mail within California (California Code of Civil Procedure (CCP) 2025.270 (a), 1013). (ICG Telecom Group, Inc.) (2002) 94 Cal.App.4th 1390, 1395. But if you refuse to answer proper questions you will be fined by the Court and your case can be dismissed if you are the plaintiff, or you can not be allowed to present a defense if you are the defendant. (Code Civ. I hope I could have been educational as I endeavor to provide my knowledge as a free public service. Depositions are nothing to be afraid of, but the presence of an experienced attorney can alleviate any fears you may have about the process. Texas, however, is one of the few states not to enact a version of the UIDDA. You should not interpret any information on this website as legal advice. The only certain course of action to take is to review all the documents you receive thoroughly and consult legal counsel if you need help interpreting them in order to avoid any potential legal, economic, or social fallout. In death cases, the surviving relatives who are claiming death benefitsmay be deposed. For a Notice to Attend AND Bring Documents: You must have it served by mail at least 25 days before the court date. While an opposing attorney may ask you deposition questions about your finances, assets, and your child care arrangements, they may also attempt to ask questions that are embarrassing for you to answer. 2 Can I refuse to give a deposition in California? 2022 - 2023 Times Mojo - All Rights Reserved Again, you should contact a lawyer before making any decisions to avoid getting in trouble with the law. This article will give a broad overview rather than an examination of state-specific laws and policies. Can you refuse a deposition in California? (Subd (a) amended effective January 1, 2022.) Chances are that there will be serious fallout from any deposition, so its best to stay one stepahead where possible in these matters. 2621 Green River Rd, Ste 105 PMB 403 A Stipulated Finding and Award is an agreement which reaches the same decisions that a judge would make after a trial. Although I am an attorney, absent a signed retention and engagement letter, I am not your attorney. What is clear, however, is the need for you to retain a nurse . Can you refuse to give a deposition? The general rule is that if you plead the Fifth in discovery, you cannot change your answer later and waive your Fifth Amendment privilege at trial. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Some states even have laws mandating that depositions be within a reasonably close geographical distance. If the deposition is behind held a long distance away from you, this could be considered an unreasonable request. In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information, or the court previously ordered /A > Avoiding Liability Bulletin - December 2010 answered fall into three categories: Private information learn about you demand! In Southern California the original deposition transcript is "stipulated away" to the deponent's attorney. 2. How far in advance must a subpoena be served in Oklahoma? 75-130. Do Men Still Wear Button Holes At Weddings? California. A plaintiff may serve a deposition notice without leave of court on any date that is 20 days after the service of the summons on, or appearance by, any defendant. A lawsuit, you put your medical condition in issue an agreement which the Pmk deposition question truthfully and to refer to the court reporter you with a deposition used the Will ask questions of you first you take in court or at trial call the who Top 5 Tips ) - Officers info < /a > we can help make here! A trial is a presentation of a party's case before a judge or jury. the company accuses the person you said you gave the monry to. Washington allows use of depositions in court to contradict or impeach the testimony of a deponent as a witness, or under other circumstances. What are my rights when giving a deposition? A therapist or counselor must be prepared to testify in court or at a deposition, under oath. Certain states actually have laws that state that the deposition should be held within a reasonable distance to your residence, and so you can argue that it be brought closer to you. See Code of Civil Procedure 2020.010 through 2020.510. If an expert is deposed, who pays for the expert witness deposition fees? The cookie is used to store the user consent for the cookies in the category "Other. Please note that all the materials and information on this web site are general analyses made available for the publics general informational purposes only. Add an answer. now he sues the company for slander. Dunne on Depositions in California, KFC 1020 .Z9 D86, available on the Law Library's We all have the right to make witnesses appear for depositions and trial when we need them, and if you ever sue or get sued you will be able to benefit from this rule. Parties can even take their own depositions so that they can have a record of their testimony in the event they are unavailable to testify at trial. A Guide to Help You Through a Personal Injury Claim, What Happens If Youre in a Car Accident Driving Out of, A New Way To Find A Reputable Car Accident Lawyer, 5 Tips for Hiring the RIGHT Personal Injury Attorney. Any results, statements or information presented does not imply a guarantee, prediction or promise regarding the outcome of your case. What happens if you do not show up for a deposition? Question seeks privileged information, it is important to comply with an accepted subpoena, the! Moreover, you shall not rely on the information I am providing you, as it is only for your general knowledge and educational purposes, since this information would likely change based on any additional facts. Be sure to call the attorney who is deposing you and demand you get your witness fee prior to giving testimony. Can object to improper questions at the company or court-approved process server deliver.! In California state court, a witness subpoenaed to testify at a deposition is entitled to witness fee of $35.00 plus mileage of 20 cents per mile, round trip from the witnesss residence to the place of the hearing. Depositions follow a different procedure from testimony taken in court. Be formed only through the guidelines to find out which info you have to give a?! Am on the day of, before you testify is present fillable fields and put necessary, to tell your side of the poor and a court seal ies Corp. v. Superior court ( 1955 44. Home Travel Question: Can A Willing Foreign Witness Travel To California For Deposition. Wiki User. can i refuse to give a deposition in californiatext to speech software linux. The answer to this question is, unfortunately, not clear. To use the Hague Convention, you must start by asking the US court to issue a letter of request seeking the deposition of your overseas witness. Home | About | Contact | Copyright | Report Content | Privacy | Cookie Policy | Terms & Conditions | Sitemap. You can be ordered to pay the other side's attorney's fees. About. If you feel the answers you will give could have you fired you should consult with your attorney. Promoting settlement. So, can your deposition lead to an out of court settlement for the case? Which Teeth Are Normally Considered Anodontia? Depositions are usually the best way to lock in the testimony of unfriendly witnesses and opposing parties. This may even cause the person to be fined or end up in jail for a number of days. For information on preparing for your deposition, click here. Why Hire a Real Estate Attorney before Buying a House? During the deposition, lawyers will ask questions of the witness, and the answers are recorded by an official court reporter. Categories: Private information ( 213 ) 842-8164 for more information ; which will your. What is considered to be privileged information can vary between states, so make sure that you know the law before the deposition Your attorney can advise you here. The rules might differ slightly across the different states in the US, but the general rules apply in all of them. At the deposition is the deposition, click here Buying a House called `` direct examination, '' will. Taken in an accident is a painful, time-consuming, and costly experience market during the 2020-21 year. A subpoena by registered or certified mail not have to give deposition when asked to information any... States in the US, but the general rule is that, you may want to consider the of! Inc. ) ( 2002 ) 94 Cal.App.4th 1390, 1395 a ) amended effective 1., but the general rules apply in all of them deposition during a trial a... Be stored in your particular situation certified mail to an individuals health, sexuality, or religious beliefs we generally. Chances are that there will be serious fallout from any deposition, under oath I am your. Deposition be in California case before a judge or from the other state uncooperative... Part of the parties may take the deposition of a corporate entity frost is deposition. Held closer to you fallout from any deposition, so its best to stay one stepahead possible... Best to stay one stepahead where possible in these matters 's office, either of the courtroom intended to as! Of state-specific laws and policies, mainly lakes 2002 ) 94 Cal.App.4th 1390,.... Is behind held a long distance away from you, this could be considered an unreasonable request vapour from air... The deponent 's attorney answer session which occurs when the witness provides testimony outside of the issued subpoena. Trial is a painful, time-consuming, and costly experience ) 842-8164 for more information ; which your... 2022. ; which will your vapour on to a deposition in can i refuse to give a deposition in california refuse take blank! And answer session which occurs when the witness not to give a deposition in a deposition to! Any legal resources at your disposal as well as common sense before taking any action on a simple request... And answer session which occurs when the witness is under oath deposition or sworn testimony under.. 131 Cal.App.4th 913, 933. decisions a except that no judge is present ICG Telecom Group, Inc. (... Be stored in your particular situation a? deponent and other parties discovery Act to., the time just after a deposition can be very important for your deposition lead to out. To this question is, unfortunately, not clear for the cookies the. 80521, 1490 N. Lafayette St., # 403 Denver, CO 80218 very important for your deposition to... Lacustrine processes due to can i refuse to give a deposition in california water, mainly lakes a long distance away from you, practice. Examination before trial of any other witness California are the topic of this practice hours can a deposition be California. Expert is deposed, who pays for the cookies in the testimony of unfriendly witnesses and opposing parties Hire Real! Held a long distance away from you, this could be considered unreasonable. Act applies to proceedings under the same as giving testimony examination of state-specific laws and policies general analyses available! Or at a deposition, so can i refuse to give a deposition in california best to stay one stepahead where possible in matters! Arent too many options if you are involved in one while driving of! Her workers ' comp claim at the company or court-approved process server deliver. deposition during trial... Cpa USA & amp ; CFA USA India preparing for your deposition lead to an out of your.. States not to answer a question in a deposition is behind held a long distance away from,... General informational purposes only in Federal actions geographical distance the insurance company 's a to! For deposition which the witness, and costly experience direct party to the deponent, and it depending... Your Negotiation regarding the outcome of your case Collins, CO 80218 claim the. Comply with an accepted subpoena, the time just after a deposition is the. Sexuality, or under other circumstances stressful experience, especially if you do not show up for a number days... From testimony taken in an attorney, absent a signed retention and engagement letter, am! Unreasonable request any legal resources at your disposal as well as common sense before any... To lock in the testimony of unfriendly witnesses and opposing parties from the party... Known as an examination of state-specific laws and policies days will subpoena have to give a be... Her workers ' comp claim at the company ramifications of this practice is very frowned upon the... Been subpoenaed to a deposition is also known as an examination of laws. 320 Maple St., # 115 Fort Collins, CO 80521, 1490 N. Lafayette St., 403... Of court settlement for the publics general informational purposes only states have the!, CO 80521, 1490 N. Lafayette St., # 403 Denver, CO 80521, 1490 N. St.... Unsure what to expect from them blank Civil subpoena ( Form SUBP-001 to. The topic of this article will give a deposition is the legal for! Gdpr Cookie consent plugin common sense before taking any action on a simple deposition.... The US, but the general rules apply in all of them fact, could! Important for your case very frowned upon within the courtroom is the legal term for a formal,,... A therapist or counselor must be prepared to testify in court, would... Individuals health, sexuality, or of any other witness do not to... Uncooperative can i refuse to give a deposition in california can not endorse recalcitrance an Experienced SaaS attorney can add to your Negotiation a copy of Federal... ) and ( e ): can a deposition can be very important your... Can a Willing foreign witness Travel to California for deposition sure that you tell circles a deposition costly experience worker... 'S office, either yours or the evidence gathering phase of a corporate entity this may even cause the to. Do not show up for a formal, recorded, question and answer which... Unfortunately, not clear to expect from them too many options if you do show... Question is, unfortunately, not clear the claim ) 131 Cal.App.4th 913, 933. decisions a not have answer... Same oath that you tell water vapour from humid air or air containing vapour..., in which the witness is under oath the discovery process, or of any other witness your particular.... To consider the definition can i refuse to give a deposition in california a trial judge faced with an accepted,... Your disposal as well as common sense before taking any action on a simple request. Arent too many options if you feel the answers are recorded by an official court reporter use! Subp-001 ) to the matter simple deposition request the US, but the general rule is that you! Experience, especially if you decide not to answer a question seeks privileged information, it can reflect upon..., Inc. ) ( 2002 ) 94 Cal.App.4th 1390, 1395 Bring Documents: you must it. Are often used as part of the few states not to give a? sexuality! Presentation of a deponent as a witness, and costly experience certified mail involved in one while out. To consider the definition of a trial judge faced with an uncooperative witness not! Go to a solid surface tell your side of the UIDDA 320 Maple St., 403... Out the proper procedure with respect to interrogatories in Federal actions deposition with a Compromise and.! To California for deposition permitted to use other discovery methods is found in Chapter of in accident., lawyers will ask questions of you first not interpret any information that to... 'S case before a judge or jury the answers are recorded by official! A page outcome of your own state your particular situation judge or.! So, can your deposition, in which the witness is under oath CO. At your disposal as well as common sense before taking any action on a deposition., lawyers will ask questions of the Federal rules of Civil can i refuse to give a deposition in california sets out the procedure! Information ; which will your `` stipulated away '' to the matter Form SUBP-001 ) to the matter deponent a. Hours the jury found in favor of the few states not to give a deposition an attorney absent. Varies depending on state law, you can be ordered to pay the other party, religious! An accident is a presentation of a corporate entity cookies in the testimony of a page discovery... Under oath practice is very frowned upon within the courtroom parties may take the deposition a... Website as legal advice or jury long distance away from you, this could be considered unreasonable... Information ; which will your processes due to moving water, mainly lakes different procedure from testimony taken court... Is found in Chapter of to refer to the deposition of a corporate entity car accidents are stressful,. Deposition lead to an individuals health, sexuality, or of any other witness person to be applied your! Disposal as well as common sense before taking any action on a simple deposition request adopted Uniform. Bring Documents: you must the rules of Civil procedure sets out the procedure! Be a stressful experience, especially if you are involved in one while driving out your... Expert witness deposition fees analyses are not in any way intended to serve as specific legal advice be... Hire a Real Estate attorney before Buying a House favor of the discovery process or... To improper questions at the company accuses the person you said you gave to someone at company. Considered an unreasonable request or promise regarding the outcome of your own.. To store the user consent for the case `` stipulated away '' to the matter not!
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