Will I have to attend the deposition?
Getting a subpoena in the mail or in person can quickly cause anxiety and stress, but knowing the ins and outs of a deposition – and if you even have to go at all – can help ease your mind.
There’s no short answer for, “Do I have to attend the deposition?” If you’re being deposed, then you must attend. However, if the opposing party is being deposed, you are not technically required to attend, although you may want to just for the sake of hearing their side of the story. The first thing to consider is who is being deposed, and the second is whether or not you want to be present for the deposition based on personal reasons.
If you’re the one being deposed, you want to make sure that the subpoena is in fact for you. Subpoenas are legal requests by the opposing party or by a court to appear at a type of legal proceeding. Many subpoenas will be delivered in person, but it’s also possible that you’ll get one in the mail. If you’re mailed a subpoena, it’s not uncommon for it to go to the wrong person, so double check that all of your personal information is correct.
If you determine that you do have to show up because you’re the person being deposed, make sure to have all the necessary paperwork with you on the day of your deposition. The subpoena may list the documents that you have to bring with you. If you’re unsure of which documents to bring, don’t simply ignore the subpoena – contact the attorney who is listed on the subpoena and ask for clarity.
Remember, a deposition isn’t a hearing or a trial. Instead, it’s a meeting between the clients and their lawyers. If you’re being deposed, the attorneys will ask you questions. You’ll be under oath, so it’s important to answer honestly. There will be a court reporter present who will be recording the questions you’re asked as well as your answers. Sometimes the meeting will also be recorded with audio or video.
At the start of the deposition, you’ll get a sort of warmup from the opposing lawyer. This means that he’ll ask you easy questions that you won’t have to mull over. For example, you may be asked about your marital status or where you grew up. Don’t take this opportunity to chat – simply answer the question briefly and move on. Even though the opposing lawyer may be acting friendly, that doesn’t mean they’re actually your friend.
When you’re being deposed, make sure to only answer the questions you’re asked – this isn’t necessarily an opportunity to argue your side of things. If you’re unclear on how to answer a question or you don’t understand a question, you should ask for clarity or ask to speak with your attorney. Also, it’s fine to pause after being asked a question if you need extra time to think of your answer. Whenever possible, answer with simply “yes” or “no” – don’t elaborate if you don’t have to. If you’re not asked a “yes” or “no” question, try to keep your answer as short and succinct as possible.
Ultimately, attending a deposition that isn’t your own is a personal choice. Ask your attorney for their advice – they may have specific reasons for why you should or should not attend.
What would we have to do to stop our divorce?
In many cases, only the person in the marriage who filed for the divorce is able to stop it. No matter how long you have both been married to each other, you are not able to stop your spouse from legally leaving the marriage. However, it you are the spouse who filed the divorce paperwork and are having second thoughts about it, you might be wondering what the process is to stop the divorce if the paperwork has already been filed. Below are some tips to start the process of halting the divorce process.
Go To Courthouse
The sooner you go to the courthouse after filing and changing your mind, the better. Visit where you filed the petition for divorce and speak with the clerk. Tell them that you are wanting to halt the process of your divorce and ask for the proper paperwork needed to accomplish it. Even though you might be able to find these papers online, it is best to visit the courthouse you filed the divorce with to be certain you obtain the proper paperwork.
Fill Out Paperwork
Once you have obtained the correct paperwork to stop the divorce proceedings, fill it out completely. In many states, the paperwork is a simple one-page document stating that you want to withdraw or dismiss your own case. You won’t have to give the court a reason for wanting to withdraw it. Once done, return the paperwork to file with the clerk and ask for copies. The clerk will stamp all of your personal copies as “filed”.
Serve Spouse If Required
Depending on the state in which you were filing for divorce, you may have to serve your spouse with a copy of your divorce dismissal paperwork. In some jurisdictions, the court may send a copy on you behalf to your spouse. In other jurisdictions, you might be required to send them the copy by certified mail or give it to them in person. In this case, you most likely won’t have to file proof with the court that you did complete the serve.
Get Spouse To Agree
For most cases, it can be really simple to stop the divorce once you have filed the paperwork. However, in some states it will ultimately depend on how far into the divorce proceedings you are. The court might require that your spouse consent to the dismissal of the divorce in order for it to be approved. If you do it quickly and before your spouse has had the opportunity to answer the divorce petition, it can often get dismissed rather quickly.
When your spouse has been an active participant in the whole divorce proceedings and you have decided to try and stop it, the court will often require a brief hearing to establish under oath that both of you are wanting the divorce to be stopped. If your spouse doesn’t indicate that they want to stop the divorce, the petition for dismissing the divorce will not be approved.
When you first file for divorce, your spouse will need to respond to many documents during the process. If they filed counterclaims to the divorce paperwork instead of simply answering them or appearing to the hearings, the ability to stop the divorce will be much more complicated. A counterclaim signifies that your spouse has a complaint or a petition against the divorce in and of itself. You will be able to dismiss your petition to divorce, but the divorce will still go through unless your spouse drops their counterclaim as well.