Yes. A party can depose witnesses for the opposition. A good attorney will almost always want to depose witnesses to learn what they know and what they may testify to in a trial. You may have heard that a lawyer should never ask a question he/she does not know the answer to. Taking a deposition is the best way to learn the answers. The deposition should take place within the discovery time period.
No if it is a legally married couple -- there may be spousal privilege for husband against wife Check the NJ rules of evidence Consult a trial lawyer
Do NOT rely on this answer as the information provided here is not legal advice nor is it a substitute for legal advice which requires a consultation with a lawyer. This response does not create an attorney-client relationship.
Your spouse is suing, pro se, a person who was the former employer of both of you? Yes, you can be subpoenaed for both documents and deposition testimony, and no, you cannot assert a spousal privilege because this is not a criminal matter. Consider hiring an attorney to represent both of you.
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