Legal Question in Family Law in California
Notice of Deposition--Is it Mandatory to attend?
On Mother's day I was served with a Notice of Depostion from my ex wife's attorney. She is seeking a modification of child support and additional vacation time with the children over the summer. I was not served with a subpoena or a court order. Am I required to attend the deposition? Why would an attorney want a deposition in such a rather simple straightforward type of proceeding?? I have never heard of a depostion in this type of situation. Should I be concerned enough to obtain counsel? Over the years, I have attended several proceedings pro se and others with an attorney. Am I biting off more than I can chew on this one? She's seeking to have income imputed to me but it doesn't pass the tests outlined in Padilla for doing so. Thanks for your feedback---
1 Answer from Attorneys
Re: Notice of Deposition--Is it Mandatory to attend?
A notice of deposition is proper to require a party to attend a deposition and therefore you are required to attend. It is somewhat unusual, however, it is proper. You should have an attorney with you for the deposition. Good Luck, Pat McCrary
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