deposition

[keepitmoving]

If, during a deposition, the two parties agree on a percent distribution of assets, is this agreement binding?

 

[doucar]

Binding at least until a judge says it isn't.

 

[keepitmoving]

doucar - thanks for your answer. How do i enforce the agreement?

 

[Just Blue]

doucar - thanks for your answer. How do i enforce the agreement?

Only a court can enforce it.

 

[keepitmoving]

Will the judge enforce a 50-50 agreement?

 

[Just Blue]

Will the judge enforce a 50-50 agreement?

Hang on...I am trying to locate the FA Magic 8 ball....I think CTU has it...

 

[HighwayMan]

This forum is for US law only.

Depositions are not for negotiating agreements.

 

[keepitmoving]

Just for the sake of argument - the venue of "2 people sitting in public toilet stalls" is not for negotiating agreements either but wouldn't such a recorded agreement be valid and binding?

 

[quincy]

Just for the sake of argument - the venue of "2 people sitting in public toilet stalls" is not for negotiating agreements either but wouldn't such a recorded agreement be valid and binding?

Depositions are used for gathering information.

You can negotiate at any time and come to agreements at any time. The agreements should be written up and signed and dated by both parties.

 

[HighwayMan]

Just for the sake of argument - the venue of "2 people sitting in public toilet stalls" is not for negotiating agreements either but wouldn't such a recorded agreement be valid and binding?

Not in this country. Not sure what country you are referring to though.

 

[keepitmoving]

I'm obviously not an attorney but again, just for the sake of argument, the verbal agreement in the recording of the deposition could easily be written up, but not necessarily signed. Could the voice print of the recording serve as a signature?

 

[CTU]

Any chance you can stop dancing around and actually say what you mean and mean what you say?

 

[CTU]

Hang on...I am trying to locate the FA Magic 8 ball....I think CTU has it...

Last seen with SeniorJudge. Allegedly.

 

[keepitmoving]

What is the purpose of the signature in an agreement?
Is it to identify who made the agreement and to verify that the agreement was made?
Doesn't the recording of the verbal agreement do that?

 

[quincy]

What is the purpose of the signature in an agreement?
Is it to identify who made the agreement and to verify that the agreement was made?
Doesn't the recording of the verbal agreement do that?

The signature on a written agreement signifies that both parties understand all of the terms as outlined and agree to all of them.

What is the problem with writing up the agreement so both parties have the opportunity to review the written agreement with their own attorneys before signing? What is the problem with signing?