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ER rules vs Deposition in a civil court and family court, which holds more weight?

Seattle, WA |

I have provided the family court with my evidences, a hearing was held, the other party did not file a reconsideration nor an appeal in regards to the authenticity of the evidence, thus it is considered under ER rule that is authenticated. However, the other party's attorney is planning on using a deposition to question a third party in regards to the evidence in my family court case. I have reason to believe they(the attorney, and the 3rd party) are trying to back paddle on the facts and planned on covering their tracks, which can greatly effect my case. What would the judge or commissioner likely to do when dealing with this type of issues?

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Attorney answers 2


It is nearly impossible for an answer to be given, except for local counsel who has experience with your judge or commissioner. Do a search for attorneys on this site, located in WA. Many have some sort of free consultation.


You really ought to read your question before submitting it as it is very confusing. As I gather what you are trying to say is that at one point there was a hearing, likely a show cause of some sort, and a temporary order was entered. Now you are getting ready to go to trial, after further discovery has been done, and the other side intends to use a deposition at trial. Is that correct?

You don't say who gave the deposition but if it was the 3rd party a lawyer doesn't use them for witnesses that present friendly testimony, only to impeach a witness who said one thing at deposition and now is changing their testimony. Testimony at trial helps a judge make decision on things like recibility and believabiltiy. The weight that a judge gives depends on the evidence, demeanor of the witness and what other proof might be available. So, the answer to your question is that the judge will give what weight he/she believes is appropriate, depending on the testimony.



The other party's attorney is planning on the deposition which she might use in a modification of parenting plan against me, the issue is complicated, bottom line is that the 3rd party wrote a letter, and the attorney is trying to back paddle her way out, and stating that event has never occurred. So that is why my question is about a filed evidence(which no appeal, reconsideration, and has passed 30 days) vs the deposition, how would that held up in court.