The Family Law Deposition
“This is what it sounds like when doves cry”
It seems Prince may have listened in on a Family Law deposition or two when he came up with those lyrics.
Let’s face it, anyone familiar with depositions, be they an attorney, or a client thereof, looks forward to one. In California, even though family law depositions are limited to 7 hours, they seldom stay within that CCP limit (California Code of Civil Procedure section 2025.290(a)).
Your case may be designated as “complex” and therefore, the seven-hour limit does not apply. In Expert Witnesses Depositions 101, you learn expert witnesses loves those billable hours.
Parties can seek special court orders, or their counsels can stipulate with opposing counsel to waive the seven -hour limit. A cautionary word to the wise, do not leave an opened end to the length of a deposition. Do not fail to object to the length of a deposition. Not objecting on record could, and is usually viewed, as a waiver of the seven-hour limit.
The best thing any party could do for themselves is to be prepared for their deposition. Clients need to listen to the directions of their counsels, but they should also not sit there like a potted planted.
Deponents should familiarize themselves with the deposition procedures to aid their counsels who may overlook something while under fire.
For example, if your counsel doesn’t tell the court reporter to make notations on record of all breaks and interruptions, there will not be a very accurate true length of the questioning period. Tug gently on your counsels and remind your counsel of the potential problem. You and your counsel should be a team working together to protect your interests.
Whatever brought you to Family Law Court is in total contradiction to what brought you to the wedding altar.
It is a different ballgame, and you are in the fight that you never wanted to be in. No matter if your Family law case is complex or simple, one of the biggest weapons in your arsenal to get what you deserve are depositions.
Yes, they may be costly and unpleasant, but they are essential. There is a myriad of self -help books about how to take, or give a deposition. Many are available through Family Court websites, or your local bar associations.
Remember, just be prepared and not a potted plant.
Call the Law Offices of Aaron O. Anguiano to use his many years of experience in the divorce process and family law as an attorney in the Modesto, CA area.