Legal Question in Family Law in Florida
Am I obligated to answer questions during a Deposition?
My ex-wife is taking me back to Court, via our DOM, for visitation (even though there is a DVI by which the Judge removed all of her visitation rights). Her new attorney (#5) has scheduled a Deposition. I have no choice but to attend prose.
Am I required to answer all of their questions? If I feel something is not relevant to the case, can I state that in lieu of answering the question?
1 Answer from Attorneys
Re: Am I obligated to answer questions during a Deposition?
You have to answer any question that is likely to lead to discoverable material. This usually ends up being a very broad scope. Whatever pleadings he has filed, will give you an advance idea as to where he is headed. If the only issue in there is visitation, then he would likely question you about anything that may effect your child, including things that might only indirectly effect your child (i.e. your lifestyle, your personal relationships).
Keep in mind that just because you answer a question, does not mean the judge will ever hear that same question/answer in actual testimony at a hearing. If you fail to answer a question, the attorney will have the reporter certify the question (to be presented to the judge), and eventually you will end up at a hearing on the question/questions, and perhaps, another deposition.
You are also entitled to depose your ex. Frequently parties will depose each other during the same time block. Just make sure you clear the time with the other attorney, provide your own notice, and be ready to pay the court reporter for your share of her time.