Legal Question in Family Law in New York

As a non-party deponant in a divorce, can I refuse to answer questions?

If I am summoned to be deposed by defendant in a divorce proceeding can I make objections or refuse to answer questions? Plaintiff would stipulate to having an affair with me and any questions pertaining to whether $ was spent on me would be answered. Basically I believe this deposition may be in bad faith, as a method of embarassment. Do I need to be represented by a lawyer at a deposition? Would any testimony from the depostion be admissible in a possible future lawsuit by the defendant for say, loss of consortium?

Thanks.


Asked on 8/31/99, 9:21 pm

1 Answer from Attorneys
Daniel Clement Law Offices of Daniel Clement

Re: As a non-party deponant in a divorce, can I refuse to answer questions?

You may object and refuse to answer questions at a deposition for limited grounds. Embarrasment is not one of them. You may be represented by an attorney and the testimony will be used at trial.

Daniel Clement

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Answered on 9/05/99, 5:13 pm


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