Legal Question in Family Law in Massachusetts

Re: deposition in divorce case

If you have been served a subpoena duces tecum, you must either honor it or you must file and argue a motion to quash the deposition. You can and should argue in the alternative that a protective order enter keeping the deposition between you and the parties.

You should consult and obtain your own attorney. You are entitled to representation of your own at the deposition.

Three years' of bank statements could be arguably overkill, but it is the same period as that to which the parties to the divorce are held.

I am assuming from your question that:

a. Your companion is not yet divorced; and b. The Wife thinks you may be hiding assets, and or taking other steps to benefit the companion.

Frankly, the concern that you are hiding income or assets is a very real one. If your companion's assets might be sufficient, and yet cannot be located, the deposition is a reasonable process.

If you are not doing that, you have nothing to fear.

I am available for further consultation and, should you so desire, to represent you.

Greg Lee

[email protected]

www.gregleelaw.com

: deposition in divorce case

Greg's answer is excellent.

The rules for deposition are fairly loose. The standard is very low.

It sounds like along with the deposition there is a document request.

As Greg said, if you feel that the document request is over broad or in some other form objectionable, then you should first consult your compantion's attorney, but, in any case, you should seek the advice or action of your own attorney. Your companion's attorney cannot object in your behalf.

In any case, before the date of the deposition, you should file a motion to limit or quash the deposition request. While I do not believe that you are free of all the questions and document requests, you can limit the scope of the deposition.

Should should have any questions, or need assistance, contact me.

p.s. TIME IS OF THE ESSENCE!!!