Legal Question in Family Law in Illinois

Re: Depositions

I recommend you show up for the deposition. Even if you were not subpoenaed, it makes no sense to avoid the deposition; after all, a subpoena for deposition can be obtained easily. (By the way, if you are a party to a lawsuit, a subpoena is not required � a party must show up for a deposition upon notice to him/her that the deposition will occur.)

If on the other hand, you have other reasons to avoid the deposition (admissions against interest, self-incrimination, etc.), you should obtain the advice of a lawyer before you attend it.

With regard to the voice mail recordings, they are not excludable on the ground that they were recorded in violation of Illinois� eavesdropping statute. However, you must still satisfy the foundational requirements that are applicable to all evidence (e.g., relevance, competence, etc.) for the voice mail to be admiited into evidence.

Re: Depositions

Not unless you are a party to the lawsuit. You can use a recording if it passes all of the evidence rules for admission.