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Pro Per vs Attorney & Being Deposed

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calidad

Junior Member
What is the name of your state (only U.S. law)? CA

I know its a long thread but thought I nedded to give background

I have an evaluation on Dec. 2008 and a court date of Jan. 2009. I am acting in pro per and have been locked in a custody battle for 2 years now. I have 50-50 joint legal and physical custody split, with a 32% parental time share. My ex has gone through 3 attorneys attempting to reduce my visitation to as little as possible.

I have "beat" every one of her attorney's as I have gained time little by little 5 out of the last 6 court dates. I am up to 32%- I agreed when we first separated that I would get my girls every other weekend until I had a place of my own, 17%custody? (I lived at my mom’s after the separation). I now have a 5 bedroom 4 bath and have been gaining time ever since.

Prior to our last court date I filed a motion for more visitation time on the grounds of parental alienation. I have a year and a half of documented emails and actions of my ex to support my case. The reason for our last court date was my ex filed only for an increase in child support. Her attorney suggested that I should pay $770 a month. Once again I was able to prove simply by pay stubs that the true child support amount should only be $320 a month $120 less than what I was happily paying at the time. $320 is what the judge ordered that day.

Would this “loss” to an average Joe in pro per, ANGER most attorneys and possibly cause them to take this case personal?

After the judge announced the new child support amount opposing counsel stood up and asked for a 3111 evaluation. I agreed immediately! Opposing counsel then stated their reason was current disagreements in parenting style. The judge asked counsel to be more specific and they stated that my oldest daughter (12) no longer wants to spend as much time with me. I was DEVISTATED to hear this. I then stated my reason for wanting a 3111 evaluation was my Ex’s attempts to alienate me from my two children (12&7). I stated this in the motion I filed prior to our child support hearing.

Since my day in court her attorney has been VERY aggressive in her language toward me. I believe lawyer 101 type stuff :) I have stood my ground and fiercely defended myself as a father. Now the attorney has stated that she intends to depose me “sometime in December”. I am VERY confident that this is simply because they don’t have a case against me to try and take time away.

When being deposed, if counsel questions me about my medical history am I obligated to answer said questions? If a question is asked such as do you use drugs? Would I be obligated to admit I use medical marijuana? That is part of my medical history file (Confidential correct?), and I am in full compliance with all state laws. Would it be considered perjury if I said no and if I answer that question does it open my medical history up to more scrutiny during the deposition. That is the only thing I am worried about during this deposition.

Please don’t suggest stopping as I already have. I would appreciate any and all advise on this issue.
 
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Zephyr

Senior Member
it's always best to tell the truth, you certainly don't want to have a lie revealed in court and have your credibility damaged
 

Ohiogal

Queen Bee
In a deposition you must answer ALL questions asked. Objections can be placed on the record but the questions still must be answered.
 

calidad

Junior Member
Zephyr and OG, Thanks for the response!! :)

OG-- When would I object to questions about my medical history? During the depostition, before I answer anything about my medical history?

IE

Counsel-- “do you use marijuana?”

Me-- “I object to this question on the grounds it has to do with my medical history. As a fully registered patient under CA prop 215 and under a doctor’s recommendation I use medical cannabis, but NEVER while in the care of my children. My medical cannabis use is neither abused nor a habit. (that is the truth).

Or

Counsel—“do you currently use drugs?”

Is my above answer ok if this question is asked?

This is the only issue that can be used against me. Well…..Other than false accusation as has been done in the past and I am CONFIDENT of that.

Thanks again Zeph and OG

ADDED question---

Counsel has stated she also wants to depose my fiancee. Is she obligated to answer questions she (my fiancee) feels are irelivaent to this case?

IE- Have you ever been treated for an STD?-- Is my fiancee required to answer these types of questions also?

Is an acceptable response to these types of questions "that is privialeged information between my doctor and I"? Or would she have to odject the same way I would and contiue to answer?
 
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seniorjudge

Senior Member
If you do not understand a question, ask the lawyer to rephrase it into simple, plain English.

You must answer fully and completely and truthfully.

As earlier pointed out, you may say something like, "I object to that question on the grounds of relevancy/privilege/whatever." Then you have to answer it anyway.

If you are representing yourself, then you need to research objections (evidence law).
 

LdiJ

Senior Member
Just FYI a 32% timeshare is not 50/50 custody. You may have joint legal and physical custody but its not 50/50.

If you are going to continue to represent yourself, its important that you get your terminology correct. Portraying something inaccurately can sometimes effect credibility. Just say "joint legal and physical custody" if that is what you have. Don't use shortcuts.

DO NOT try to avoid admitting that you use medical cannibas either. You will get caught out and that will also damage your credibility.

What is your medical condition that makes you eligible for medical cannibas? That could factor in.
 

Ohiogal

Queen Bee
The other thing to realize is that medicinal use of marijuana is still illegal under federal law. So you can plead the fifth. And pleading the fifth is answering. Double check with an attorney out there but I do believe that if you plead the fifth that is the only answer you need to give.
 
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seniorjudge

Senior Member
The other thing to realize is that medicinal use of marijuana is still illegal under federal law. So you can plead the fifth. And pleading the fifth is answering. Double check with an attorney out there but I do believe that if you plead the fifth that is the only answer you need to give.
If you plead the fifth you have to guilty of a crime (or at least think you are).
 

calidad

Junior Member
Seniorjudge

So if one peads the 5th or states the privilege under evidence code 940 are you essentially admitting to family court you believe you are commiting a crime?

That would be BAD right?
 

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