My wife and I are in the midst of a long (15 months +) rather contentious divorce. Her lawyers took my deposition last week. My lawyer and I are due to take hers this week. My deposition was pretty unremarkable - no real bombshells.
My lawyer called this morning to suggest we may not really need my wife's deposition. From the questions I was asked, we got a pretty good idea of what their tack will be in settlement discussions. We also aren't really looking for any particular information from my wife. We have what we need to support our position in negotiations, or, if it comes to it, at trial.
It seems like kind of a no brainer to cancel the deposition, save c$1,500 in the process and possibly continue to lower the level of acrimony in the process.
Does anybody think it would be a bad idea in the circumstances to cancel the deposition?
Thanks alot.
2007-11-23 05:42:07 · 7 answers · asked by maxcastignetti 2 in Family & Relationships ➔ Marriage & Divorce
If you trust the lawyer, go with his/her advice. Makes sense that if you are not looking for something in particular then no need to waste the money. Depositions are often used by lawyers and clients to run up the other client's legal bills. If something else comes up in negotiations you can always go to trial and your attorney cross examine her.
2007-11-23 05:51:01 · answer #1 · answered by George 5 · 1⤊ 0⤋
There are several considerations.
One is .. that the questions you were asked .. could stand the chance of you being lead down a rabbit's trail .. (and maybe not either) .. however, a good attorney will not blunder out information that will give their opposing defense their strategy .. however - they might want you to think it. This is just something to consider.
Another consideration .. if the opposing attorney made you feel like you handled the deposition remarkable well .. then WHY would the opposing attorney want to have the deposition anyway .. if it was not going to do the opposing side any good? Could this be a side-stepping fluke .. on their part?
Also - if you decline your wife's deposition .. it will be too late .. later on. The deposition could accidently come in handy at a totoally unexpected time during Court proceedings. AND .. the possibility exists, that they do not want the deposition to happen ... perhaps, they do not want some questions asked .. which they will have to give answers for .. which could later on be incriminating.
Personally .. YOU .. should be the one to really think this through. I know of a case .. where the attorney did some things like this .. and reassured the client it was ok .. then when they got into Court .. the client was blown away - with nothing to stand on .. when the client had SO MUCH to stand on .. even criminal charged if he chose .. but it didn't happen for him .. due to bad preparation .. and taking the advice of an attorney who got his money up-front .. and didn't purse the in-debth things needed.
Another thought .. if you cancel her deposition .. she & her attorney may realize that you don't need the deposition .. that you already have a rock-solid case against her already .. and it could panick her .. and her lawyer .. kinda like putting them of notice that you don't need the deposition because you already got her. Then .. they might dig deeper .. and/or come-up with more strageties.
It's good that it seems like a no-brainer .. however, don't let that no-brainer back-fire on you. Things have a funny way of taking form in a Court of Law .. and most often - many people get a whole lot of unexpected surprises in the Courts ... even surprises they thought were a SURE thing.
Consider your choice carefully.
2007-11-23 06:21:14 · answer #2 · answered by Tara 7 · 0⤊ 0⤋
Without understanding why you needed to be deposed in the first place, it's hard to answer. But my experience is that you only get a deposition if you feel the other party is holding back information, or not employed (asking where they applied and when and follow up calls etc.). If all your assets and incomes are all known to each other, and there is no question of something being hidden such as savings accounts, etc. there is no need for a deposition. Sounds like yours was scheduled because there are trust issues.
2007-11-23 05:53:28 · answer #3 · answered by Linda K 3 · 0⤊ 0⤋
Are you really as brainless as you portend? A deposition is testimony. Remember too that if you're in the United States the person you give evidence against has every right to face you in court. That's called the 6th Amendment.
2016-04-05 04:56:55 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I've never heard of a divorce taking a deposition, I know to do this as you know it's expensive to do. Does it save court time by doing this??
2007-11-23 06:11:15 · answer #5 · answered by kim t 7 · 0⤊ 0⤋
As your attorney said getting an idea what the questons will be is as good as the deposition & will save you money.
2007-11-23 05:52:51 · answer #6 · answered by Anonymous · 1⤊ 0⤋
i would suggest getting it. more often than not it comes down to a he said/she said, assumptions, etc bs, and if it's gone on for this long already, getting caught in that position without her "side" to go along with your own; i wouldn't risk it.
2007-11-23 05:52:48 · answer #7 · answered by celticbuddha 7 · 0⤊ 0⤋