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Archive for the 'Discovery' Category

What’s a Deposition and How Do I Prepare?

Posted by admin on 27th April 2006

Depositions put in to basic understanding are simply a series of questions that must be answered truthfully just like you are under an oath. Court stenographers usually are present at the taking of depositions and they simply take down all the parties present at the deposition, and any thing said both questions and answers. Usually the line of questioning is very direct only allowing yes or no answers. These depositions are most often conducted by lawyers before court hearings to find out information, facts, truths, or even lies that sometimes can be found through this line of questioning.

Usually both sides of any court case will have the opportunity to take depositions for any one connected to a case including eyewitness, both friendly and hostile witness and even expert testimony from professionals in fields of expertise that would be relevant to a case. Depositions are powerful tools that can dig down and find the truths and if cases are not settled prior to actual court trials these depositions will be used to keep people testifying from changing their story when they are on the stand.

Once depositions are completed they are transcribed in to booklet that contains all of the questions and answers asked and given. You will receive special instructions to review the transcript for any errors, and what to do if you find any. So now that you understand what a deposition is here is some tips that will help you prepare if you are ever requested to be deposition.  Number one is always telling the truth, this information can be used against you in a court of law and then it’s too late to change your answers.

When you are ask any questions in a deposition, remain calm, and try to keep your answers short as you possibly can, simple yes or no is usually all that’s needed. If it’s a question that (Yes or No) simply wont do, then you might say (I Don’t Know) or (I don’t remember.)  Do not try to explain your answer. If the other attorney wants a better explanation he will ask for one.

Remember never answer any question until your attorney indicates for you to. Above all no matter what you are ask remain calm don’t lose your temper or get angry. When you have to appear for a deposition, dress as you would when applying for a professional job.

Posted in Discovery, Divorce Process | No Comments »

What Documents Do I Need For My Divorce?

Posted by admin on 27th April 2006

You have decided to get a divorce or your spouse has already filed for divorce and you need to know what type of documents you need for your divorce. There are many documents that you can help you with your divorce. The major ones include:

Marriage Certificate

Birth certificates for yourself, spouse, and children or copies

Social Security numbers for everyone in the household

Any type of documents that show citizenship of the United States

Employment Records

Divorce papers from previous divorces for yourself and your spouse, if you cannot get the ones from your spouse’s divorces you can find copies at the local courthouse where the divorce was finalized. These papers can be very important especially if you have children involved in the divorce. Many times, state laws will not give custody to a parent that has lost custody in a prior divorce for several reasons, such as abuse, neglect, losing parental rights for non-payment of children support, and a few other reasons.

Deed to the home, insurance papers for the home, tax information, any loans against the home

Automobile titles, boat titles, any vehicle titles and insurance papers on these vehicles

Life insurance policies for every household member

Stocks, bonds, any other investment type information including any pension or retirement plans that you and your spouse may have

Checking accounts and savings account balances

A list of items obtained during the marriage

Debts that you and your spouse have even prior to your marriage

Child care information, cost and location of the caretaker

School records, to show the children are content with their surroundings and are stable in school

Any records that can show the stability of the children in their home, community, and school

Records that show the budget of maintaining the home, schooling, and rearing of the children, such as electricity bills, food costs, clothing, school lunch costs, all educational costs, dental insurance, medical insurance, and even the costs of equipment and other items for after school activities

In case there was any type of abuse or neglect and you have police records that stand behind you, by all means, bring these documents as well

Any other court cases that are pertinent to the divorce or that are in the best interest of the children

Any type of documents that can support your reasons for wanting a divorce and should receive custody of your children may be useful. Bring as much documented proof as possible, your attorney can then decide which way to go to represent you in your divorce case.

Posted in Discovery | No Comments »