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Do I have to attend a deposition requested by my pro SE ex husband ?

Lake Mary, FL |

The matter at hand is a child support modification trial , we have already exchanged all financial . There has been no complaints as far as bad parenting by either party . He is simply obsessed and curious of my new life . I am not comfortable being alone with this man . How can I get a judge to order the deposition merit less ? I am also pro SE .

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Attorney answers 4

Best Answer
Posted

A deposition properly noticed in a pending civil action is appropriate where the object is to gain knowledge about the case and to allow for the discovery of information to allow for further appropriate discovery. If the object is to annoy, harrass and other cause emotional distress, the deposition can be terminated beforehand via a motion to quash and protective order or during by asserting the deposer is not conducting the deposition in good faith? These are hard standards to meet, and if you suspect the deposition is set for an improper purpose, I strongly recommend you hire an attorney to handle your case or at least your preparation for and attendance at the deposition. Good Luck.

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

Posted

Well, if your husband properly noted the deposition, then technically you are bound to show up for the deposition as you are a party to the case. Keep in mind, in most states, pro se litigants are held to the same standards as attorneys.

You should really consult with an attorney. The scope of discovery is broad, and although you feel you've produced everything in discovery, a litigant has a right to conduct discovery so long as that discovery is "reasonably calculated to lead to the discovery of admissible evidence."

In some instances, however, and for good cause (as determined by a court), you might be able to obtain a protective order to prevent the deposition from happening. Again, an attorney will know if there's adequate grounds for you to request a protective order.

DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.

Posted

You should really get an attorney to help you with this. But up you are required to be present in court.

Posted

As noted by the other responders, he is likely entitled to take your deposition in the first instance, but it has to be for the purposes of seeking relevant, material and necessary evidence; a standard that is generally liberally viewed when it comes to discovery. However, if you believe that there is a valid basis for concern that your ex will use the proceeding for an improper purpose, and if you can establish that by way of documentation or reference to prior occasions, you can try making a motion to the court for a protective order that (a) prevents the taking of the deposition altogether or, (b) asks the court to assign a referee to oversee the proceeding so that your ex can not try to make improper inquiries. As already said, this is something that is best handled by an attorney.

Asker

Posted

Thank you, if I ask for a change of venue, so that I do not have to be at his business alone, do "I" have to pay for that?

Jeffrey Ira Schwimmer

Jeffrey Ira Schwimmer

Posted

The reference to "change of venue" is relevant to the county or state where the action is commenced. As for the place for the taking of your deposition, if that is what you mean, check the courthouse where the case is pending. Often there is a a room or other space made available that parties can use to conduct a deposition. If so, tell your husband that you will appear for the deposition but ONLY AT THE COURTHOUSE. He will be hard pressed to argue to a judge that you are in violation of the notice of deposition when you agreed to appear but only at a neutral site - and then he refused the accomodation. If not that courthouse, look at other courthouses in the same "venue". Again, this is stuff an attorney could, and would best, handle for you.