Who can be deposed in a divorce?
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Who can be deposed in a divorce?
Those forensic accountants can be subject to having their depositions taken. If there is a CPA who prepared tax returns during the parties’ marriage, that certified public can be deposed. In a custody case, the children under age 18 will not be deposed in most instances.
Do judges read depositions?
In that case, they’re read into evidence at the trial. Often a witness’s deposition will be taken by the opposing side and used to discredit the witness’s testimony at trial if the trial testimony varies from the testimony taken during the deposition.
How do you prepare for a deposition in a divorce?
Your Testimony in a Divorce: 10 Tips for Depositions and TrialsDON’T bring new evidence to the courtroom or deposition. DO prepare for your testimony. DO protect your attorney-client privilege. DO show respect for everyone in the courtroom, including your spouse and spouse’s lawyer. DON’T roll your eyes or make faces when someone else is talking.
Can I refuse to answer questions at a deposition?
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). However, there are certain types of questions that do not have to be answered.
Can you plead the fifth in a divorce deposition?
The answer is “yes”, BUT, if you invoke (take) the Fifth Amendment in a divorce case, it can be used against you. However, in a divorce case or in any civil case (any case that is not a criminal case), the Judge and, if there is a jury, can assume that your answer would have a negative effect on you.
What should you not say in a deposition?
Answer Only the Question Presented. No question, no answer. A deposition is not a conversation. In this respect, be on guard when listening to the questions – do not let the examiner put words in your mouth and do not answer a question that includes incorrect facts or statements of which you have no knowledge.
Can anyone sit in on a deposition?
Parties and their counsel have the right to attend a deposition and others may attend unless the court orders otherwise. Thus, anyone can attend unless the court issues a protective order IF an “affected” person seeks and obtains such an order.
