I am going through a divorce and have temporary joint custody, i have been served papers to give a deposition from her lawyer, can i postpone the deposition?
If you have an attorney, all of your questions should be directed to your attorney. If you do not have an attorney, you should get one. Failing that, you can contact you wife's attorney and ask to reset the deposition, but that attorney is not required to agree.
Answers provided are for informational purposes only. No attorney-client relationship is intended or implied.
If you do not have an attorney GET ONE. You need counsel. As for postponing it can be accomplished with certain factors but please see previous advice. If you are going through a divorce and she or he has counsel, you need it or you are fighting a war. You are held to the same standards and knowledge of his or her attorney
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but instead need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice.
Mr. Simpson and Mr. Ferrington are CORRECT. If you don't have a lawyer, hire one IMMEDIATELY. If you have an attorney, contact him and address this question to him/her.
A deposition is a serious event in any litigation as it is used to get your testimony under oath. If your testimony at trial in any way varies or differs from your deposition testimony, they will impeach you at trial with your previous testimony.
IT IS VITAL THAT YOU HIRE AN ATTORNEY QUICKLY IF YOU DON'T HAVE ONE.
As to postponing the deposition, if you are not represented the odds of you getting the deposition are not good.
No attorney-client relationship has been formed by this answer. The answer given herein should not be your only inquiry into the matter or issue. You should schedule an appointment and seek the advice of an attorney to fully explain the facts so that the attorney can make an informed analysis and recommendation concerning your problem and advise you of all of your rights.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline