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Can I ask my public defender to depose the person who is making false allegations against me in Family Court?

New York, NY |
Filed under: Family law

I know she is committing perjury. Is this the best way to get her on record doing so?

Attorney Answers 3

  1. Best answer

    It is extremely rare to take depositions in family court proceedings. However, in certain proceedings interrogatories can be utilized to serve the same purpose. Ultimately, you will be entitled to a hearing during which you have the right to call witnesses and submit evidence, as well as cross examine witnesses called against you. This all takes place on the record.
    Having said all of this, there is no problem asking your attorney and he/she would be in the best position to advise you as to whether or not it is available or recommended.
    Good luck.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. Attorney Advertising.

  2. It is not only rare but costly and often not very helpful. I doubt your public defender will do it. Also while there is a penalty and purpose to perjury laws, in reality most judges disregard it.

    My offices does represent people from Avvo if they contact me but only in the Los Angeles, Orange, Ventura, San Bernardino and Riverside County in Southern California. The answers I give here are not meant to create an attorney client relationship. When accepting clients I conduct interviews face to face and they often take 30 minutes or more. I approach trials and issues from a legal and common sense approach, This is how the majority of judges I have appeared before in 40 years also make decisions. I do not intend by my advice to enter an attorney client relationship and in most cases advise to obtain legal representation. Sometimes if you can not afford it a consultation or limited scope representation is available. As an experienced attorney I can tell you, judges can be impatient, hate emotional arguments and over exagerations or lies. A brief outline of the problems and desired solutions is often best and I d0 limited scope representations advise clients on how to proceed at time of hearing or trial and my fees are considerably less when I do not appear in court as it takes much less of my time.

  3. Depositions are rarely done in Family Court proceedings because they are intended to be "expedited proceedings." That said, you should certainly have that discussion with your lawyer - as an alternative interrogatories may be utilized. Schedule a consult with a NYC Family Law attorney for a full assessment.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.

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