I have an ex that lives in the state where we got divorced. I’m being sued in that state by him. I need to use some witnesses in my state, but can’t afford to have them go that many miles to testify on my behalf. My attorney in the state where the case is to be heard recommends he come down and take a deposition from the 2 professionals. Does anyone know if an attorney in my state can take the deposition from the 2 witnesses and send the answers to my attorney in the state of the court case?
Tags: Another, Attorney, Case, Court, Deposition, State, Take, Used
Technically, this depends on the law of the state the case is filed in (“forum state”). Still, I think most states would apply the same general rules.
It’s totally okay to take an out-of-state deposition. In fact, if a witness won’t agree to come to the forum state voluntarily, this is usually the way you have to proceed. The attorney who takes the deposition doesn’t have to be the one who is representing you in the forum state; he or she could be hired just for this one task.
A problem arises only if your ex objects that taking the deposition out of state would be burdensome or oppressive. For example, he could argue that it will be expensive for him to fly his attorney to the deposition.
Then, it would be up to the court to decide if the cost of the deposition is worth the benefit of the deposition. It doesn’t have to just allow or forbid the deposition; for example, it might allow the deposition, on condition that you pay your ex’s attorney’s airfare.
P.S. Ignore caffeyw. You can’t remove a divorce case to federal court.
Yes, but you will want to have a Notary Public present to verify the identity of who is testifying. The lawyers may have a reciprocal agreement about this; often they have a Notary Public in their office, or building.
Try and get the case moved to federal court. Since you are a resident of a different state the US Consitution allows your case to be heard in federal court. A federal judge will then decide which states laws apply to the various parts of the case. Moving this into federal court will also probably move the case closer to you since you’re the one being sued.
Yes, but you will want to have a Notary Public present to verify the identity of who is testifying. The lawyers may have a reciprocal agreement about this; often they have a Notary Public in their office, or building.