questions about depositions

[ccmidaho]

Hello, I've posted here before about a case that you may recall. (my boyfriend is unwed father, trying to get more time with 16 month old. Mother refuses any overnights or additional time for no reason whatsever.) We do have a hearing in a few weeks supposedly but now just found out that her attorney lied and didn't accept the service like she said she did so we just had to file some "hurry up" motion. That's a side point.

Our attorney is going to deposition the mother soon. I've read the document on this site "notes on depositions" but still have questions. I want second opinions on everything because the father got totally screwed with his previous attorney and I just want to make sure that we are controlling the situation and telling our attorney what we want him to do.

The article I read makes a big deal about recording the deposition and getting a transcript of it but the article doesn't really explain why. So my questions are:

1. Why record and get a transcript of the deposition?

2. The article also says to come up with a list of questions for your attorney. I'm not sure where to start and what is relevant to ask - any insight on what to focus on?  (the mother is a good parent in terms of basic care for the child. She fails dismally in other areas that you previously said were probably not relevant to getting more time).

3. Is it absolutely necessary that the father be in the room when his attorney is depositioning the mother? (he will pay for this dearly from her. But of course he will do anything for his son too)

Thanks for your help!

[socrateaser]

>1. Why record and get a transcript of the deposition?

A deposition isn't a deposition unless it's transcribed/recorded by a certified court reporter. You need an objective report of the testimony to be admissible in court.

>2. The article also says to come up with a list of questions
>for your attorney. I'm not sure where to start and what is
>relevant to ask - any insight on what to focus on?  (the
>mother is a good parent in terms of basic care for the child.
>She fails dismally in other areas that you previously said
>were probably not relevant to getting more time).

You want to place the mother in the position of admitting that her refusing you time with the child is for the sole purpose of punishing you. If you succeed, the court will be inclined to award you primary custody.

Also, if you can get the mother to admit that she spends support money on herself, that would be good, too, because it shows that she is transmuting child support into spousal support, and acting affirmatively against the child's interests.

>
>3. Is it absolutely necessary that the father be in the room
>when his attorney is depositioning the mother? (he will pay
>for this dearly from her. But of course he will do anything
>for his son too)

No, but I don't know if it would be a mistake or not. It's possible that by not having the father present, that the mother will be more likely to be more candid about her responses, and thereby give you the evidence you  need. Conversely, sometimes having the other party present will cause the witness to give away the fact that she's lying, when she knows that someone listening knows she's lying. This isn't particularly useful in a deposition, because the judge isn't present and you can't write down the witness' behavior (eye, body movement, etc.).

You can, however, video the testimony so that the judge can see the reactions when the testimony is submitted into evidence.

I don't know the witness, so I can't say which is the better approach to take. You may wish to depose the witness without the father present, and then ask questions about the testimony that you believe is false at trial, in order to cause the witness to become emotional about the lies, in front of the judge.

The father, in conjunction with his attorney should be able to determine the best approach to use with this witness -- and, it could be a critical component if you choose well.

[ccmidaho]

Hello, I've posted here before about a case that you may recall. (my boyfriend is unwed father, trying to get more time with 16 month old. Mother refuses any overnights or additional time for no reason whatsever.) We do have a hearing in a few weeks supposedly but now just found out that her attorney lied and didn't accept the service like she said she did so we just had to file some "hurry up" motion. That's a side point.

Our attorney is going to deposition the mother soon. I've read the document on this site "notes on depositions" but still have questions. I want second opinions on everything because the father got totally screwed with his previous attorney and I just want to make sure that we are controlling the situation and telling our attorney what we want him to do.

The article I read makes a big deal about recording the deposition and getting a transcript of it but the article doesn't really explain why. So my questions are:

1. Why record and get a transcript of the deposition?

2. The article also says to come up with a list of questions for your attorney. I'm not sure where to start and what is relevant to ask - any insight on what to focus on?  (the mother is a good parent in terms of basic care for the child. She fails dismally in other areas that you previously said were probably not relevant to getting more time).

3. Is it absolutely necessary that the father be in the room when his attorney is depositioning the mother? (he will pay for this dearly from her. But of course he will do anything for his son too)

Thanks for your help!

[socrateaser]

>1. Why record and get a transcript of the deposition?

A deposition isn't a deposition unless it's transcribed/recorded by a certified court reporter. You need an objective report of the testimony to be admissible in court.

>2. The article also says to come up with a list of questions
>for your attorney. I'm not sure where to start and what is
>relevant to ask - any insight on what to focus on?  (the
>mother is a good parent in terms of basic care for the child.
>She fails dismally in other areas that you previously said
>were probably not relevant to getting more time).

You want to place the mother in the position of admitting that her refusing you time with the child is for the sole purpose of punishing you. If you succeed, the court will be inclined to award you primary custody.

Also, if you can get the mother to admit that she spends support money on herself, that would be good, too, because it shows that she is transmuting child support into spousal support, and acting affirmatively against the child's interests.

>
>3. Is it absolutely necessary that the father be in the room
>when his attorney is depositioning the mother? (he will pay
>for this dearly from her. But of course he will do anything
>for his son too)

No, but I don't know if it would be a mistake or not. It's possible that by not having the father present, that the mother will be more likely to be more candid about her responses, and thereby give you the evidence you  need. Conversely, sometimes having the other party present will cause the witness to give away the fact that she's lying, when she knows that someone listening knows she's lying. This isn't particularly useful in a deposition, because the judge isn't present and you can't write down the witness' behavior (eye, body movement, etc.).

You can, however, video the testimony so that the judge can see the reactions when the testimony is submitted into evidence.

I don't know the witness, so I can't say which is the better approach to take. You may wish to depose the witness without the father present, and then ask questions about the testimony that you believe is false at trial, in order to cause the witness to become emotional about the lies, in front of the judge.

The father, in conjunction with his attorney should be able to determine the best approach to use with this witness -- and, it could be a critical component if you choose well.

[DecentDad]

Hi,

My attorney deposed my ex for about 12 hours total (more than one session).

I think my presence at those was extremely helpful for two reasons:

A) I sat there completely composed and unresponsive, and I think my ex reacted emotionally to me being there.  She ranted, pointed her finger (literally) and made wacky accusations, etc.  She was less able to compose herself, I believe, because I was there (and she has so much venom towards me).

B) More importantly, it was invaluable to be at my attorney's side during the deposition.  Though an attorney may have a plan or list of questions, it's easy to go off on opportunistic tangents in a deposition.  Because I knew all the details, and my attorney didn't, I was able to whisper in his ear or write him a note about a pertinent question to ask in response to an answer my ex made.  

There is no doubt that some of the most valuable testimony was provided ONLY because I was there and could spontaneously guide my attorney to ask questions about an answer my ex provided that could never have been anticipated.

While I certainly heard all the outrageous and offensive crap I've heard over and over from my ex, it was a pretty unique experience to sit there quiet for hour after hour and simply listen to how her broken brain works.

DD