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  1. #1
    RockyMtMember is offline Junior Member
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    Deposition - what to expect

    What is the name of your state (only U.S. law)? Colorado

    So my soon to be ex's attorney wants to depose me re : the financial disclosure. What can I expect in terms of questions - can I refuse to answer questions not related to the financial disclosure - what are the limits on what they can ask and what I can refuse to answer? Can I choose to not be deposed altogether?
  2. #2
    mistoffolees is offline Senior Member
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    Quote Originally Posted by RockyMtMember View Post
    What is the name of your state (only U.S. law)? Colorado

    So my soon to be ex's attorney wants to depose me re : the financial disclosure. What can I expect in terms of questions - can I refuse to answer questions not related to the financial disclosure - what are the limits on what they can ask and what I can refuse to answer? Can I choose to not be deposed altogether?
    If you're getting into depositions, you should probably have your own attorney to answer those questions and help to keep you from making a mistake.
  3. #3
    RockyMtMember is offline Junior Member
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    yup will definitely do so - was hoping to get some informal insight into what to expect ahead of time...
  4. #4
    mistoffolees is offline Senior Member
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    Quote Originally Posted by RockyMtMember View Post
    yup will definitely do so - was hoping to get some informal insight into what to expect ahead of time...
    Then, informally, you're going to be asked to answer a bunch of questions. They will start with simple things like your name, date of birth, etc. You will be required to answer them 100% truthfully. However, you should NOT volunteer anything beyond a direct answer to the question.

    If they ask "do you have money hidden away in the Bank of America?" and you don't, then you answer "no". You do not answer "no, but I have money in BancFirst". Of course, they're not likely to ask that kind of question. They will more likely ask "please list all of your assets located anywhere in the world" and you will be required to answer that question fully and honestly.

    There may be questions which they can't legally ask - and your attorney will object. Therefore, it is common practice to wait a second or two before answering questions to give your attorney a chance to object if he's going to. Unless your attorney objects, you're going to have to answer whatever they ask.
  5. #5
    Ohiogal is offline Senior Member
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    Quote Originally Posted by mistoffolees View Post
    Then, informally, you're going to be asked to answer a bunch of questions. They will start with simple things like your name, date of birth, etc. You will be required to answer them 100% truthfully. However, you should NOT volunteer anything beyond a direct answer to the question.

    If they ask "do you have money hidden away in the Bank of America?" and you don't, then you answer "no". You do not answer "no, but I have money in BancFirst". Of course, they're not likely to ask that kind of question. They will more likely ask "please list all of your assets located anywhere in the world" and you will be required to answer that question fully and honestly.

    There may be questions which they can't legally ask - and your attorney will object. Therefore, it is common practice to wait a second or two before answering questions to give your attorney a chance to object if he's going to. Unless your attorney objects, you're going to have to answer whatever they ask.
    At a deposition, he is going to have answer anyway. The objection however will be on the record. And thus it will not be admissible in court depending on how a judge would rule. HOWEVER, all questions get to be answered at a deposition.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  6. #6
    mistoffolees is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    At a deposition, he is going to have answer anyway. The objection however will be on the record. And thus it will not be admissible in court depending on how a judge would rule. HOWEVER, all questions get to be answered at a deposition.
    Thank you. I was deposed only once (about 15 years ago) and I forgot that element of it.

    The rest of it still applies. Do not volunteer information you're not asked and answer the questions fully and honestly.
  7. #7
    Ohiogal is offline Senior Member
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    Quote Originally Posted by mistoffolees View Post
    Thank you. I was deposed only once (about 15 years ago) and I forgot that element of it.

    The rest of it still applies. Do not volunteer information you're not asked and answer the questions fully and honestly.
    Yep. i agree with Misty.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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