Legal Question in Family Law in Maryland
Expert depositions during discovery phase
My wife�s attorney (a woman) scheduled a deposition with an employment expert. She mailed the notice 2 days before the scheduled date, and I did not receive the notice until the day of the deposition when I returned home from work (the deposition had already been held by then). She subsequently sent me the transcript together with a form asking me to sign off on it, so that it can be admitted into evidence. I have not done so.
I have the following questions regarding this situation.
1. What is considered adequate notice for a deposition?
2. What rights do I have to request that the deposition be held at a time when I can be present?
3. May I ask questions of an expert during a deposition conducted by my wife�s attorney?
4. If so, is there any limit on the number of my questions and duration of time that my questions (and the experts answers) take?
5. If I ask questions, what financial responsibility if any do I bear for the cost of the deposition?
6. Do I have to sign off on the deposition so that it can be admitted into evidence? Should I sign such a document?
7. What are the legal consequences, or advantages or disadvantages, of signing or not signing such a document?
1 Answer from Attorneys
Re: Expert depositions during discovery phase
The taking of this deposition was in violation of the court rules. You are entitled to 10 days' notice and of course can attend and question the witness. There is nothing for you to "sign off" on--your wife's attorney knows the deposition will be inadmissible unless you waive your right to challenge it. You could have asked as many questions as you wanted to and the only financial responsibility you have is if you order a copy of it from the reporting company.
Of course the expert can still be called as a court witness. If you want an opportunity to question the witness before the trial, you should inform your wife's attorney that you will object to the deposition unless she resumes the depo at a mutually convenient time and allows you to cross examine.
Perhaps you realize by now what a disadvantage you have being unrepresented by an attorney when there is one representing your wife.
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