Legal Question in Family Law in Virginia

Deposition on out of state co-respondent ?

In a divorce; can we force a deposition on out of state co-respondent ? Also serve her with; Interrogatories,

requests for admission and production of documents


Asked on 7/18/09, 11:04 am

1 Answer from Attorneys

Robert Beard Attorney at Law

Re: Deposition on out of state co-respondent ?

Under the Uniform Interstate Depositions and Discovery Act, Va. Code �� 8.01-412.8 et seq., if the state in which the other person lives has also adopted the Uniform Act, or otherwise gives reciprocal privileges to Virginia, you can get the court in his/her state to issue a subpoena requiring him/her to appear in that state and submit to a deposition. The subpoena can also request that documents be produced. As the "other man/woman" is not a party, you do not have access to interrogatories and requests for admissions. I have never actually used this process, but if the process is followed as set forth in the Code, it should work.

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Answered on 7/18/09, 11:11 pm


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