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

Asked 3 months ago - New York, NY

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

Attorney answers (3)

  1. Pashan Movasseghi

    Contributor Level 13

    3

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . 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... more
  2. David Ivan Bliven

    Pro

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . 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.
  3. Stephen Ross Cohen

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,264 answers this week

3,054 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,264 answers this week

3,054 attorneys answering