Deposition

[frendinmiddle]

I have been subpoenaed by the husband of a friend and co-worker of mine. They are going through a divorce and she talked to me a great deal about her concerns, including sexual abuse by the husband of their daughter. Over time I have grown suspect of my friends level of honesty. Now I'm subpoenaed to give a deposition to the husband's attorney. My question is: how much power does his attorney have to disclose things? Do I have to sit in the deposition as long as they want me to? Do I have to answer all questions? Please help!

 

[hannah jo]

During a deposition, you are sworn to tell the truth and risk perjury charges should you not do so. The rules of evidence are pretty lax during a deposition as the intent is to find out information ... and you can be brought before the court if you refuse to answer quetsions. The best advice to follow during a deposition is to listen carefully to the question asked - and only answer that which was asked. You do not have to offer information that was not directly asked of you. If the quetsion calls for a yes or not answer, you respond yes or no - not with long statements or stories. if the questioner wants the story, make him ask for it!
Hopefully the wife's attorney will speak wiht you beforehand and prepare you for what youwill go through as well as represent your interests at the deposition. You are, of course, free to retain and have present, your own attorney if you chose to do so.
The key is to tell the truth - but only tell what was asked of you.

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Please note that these comments do not constitute legal advice. It is always recommended that you consult with a local attorney, who can explore all the facts and issues of your specific situation and then advise you of any legal rights and remedies you may have under the current laws of your jurisdiction.

 

[LeighAnn]

I too am in the middle of a ex room mate's child custody battle. Her ex husband has issued me two subpoenas for court appearances and testifying and also for a deposition and now I got a subpoena from her side. My original testimony in August caused the judge to temporarily remove the kids from her custody till the final outcome. I do not know why her side would want to subpoena me now. I live three hours away from where the court sessions are being held and I have to miss work for these appearances. I do not want involved with this matter as it has dragged on for months now. I just received the last subpoena and it was stuck in the outside of my door. Not given to me in person. Then in the mail the next day, I received a notice from the Sheriffs office telling me a subpoena was placed in my door on Jan. 10. How does one get out of the madness of a ex room mate and also ex friend's legal mess?