I'm acting as Pro Per in a marriage dissolution. Opposing counsel lied in court that the 2 attorneys (for each party) had a verbal agreement in regards to temporary spousal support. My former attorney wrote to me (in 3 separate emails) that there was NO AGREEMENT between them. I don't want to compromise my privilege to attorney-client confidentiality, so I didn't submit her emails to court as evidence for the lack of agreement. However, I subpoenaed my former attorney (a 3rd party) to sign an affidavit (included in the subpoena) that she had NO AGREEMENT with opposing counsel.
My former attorney didn't object, didn't move for a protective order; didn't move to quash. Opposing Counsel did;t object.
However, my former attorney didn't return the affidavit by the deadline, didn't comment, did nothing.
What would be my next steps? I'd rather avoid a Motion-to-compel on her.
Meet & confer? Issue her a deposition subpoena & take a testimony? (she promised previously she'll testify on this matter as needed).
If I depose her, can I still depose my spouse? Is deposing a witness affect my right to depose the other party in any way under CA family & civil laws?
There’s no such thing is it subpoenaed to sign an affidavit. That’s the reason you were attorney has not responded.
You would have to take the witness's deposition, and doing so does not affect your right to depose anyone else in the case.
Your subpena cant require witness to sign a declaration. You have to either depose her, or subpena her to appear at hearing in court as a witness. I assume she is no longer your atty. Did she refuse to sign a declaration? Has other atty produced anything to show/document the alleged agreement? One would expect there to be correspondence between the lawyers confirming such an agreement.
You can depose your spouse. Just make sure you know what your doing. it costs money for court reporter, and you probably wont be able to take the depo more than once, if you screw up and dont ask all the right questions.
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