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SC Law Attorney
SC Law Attorney, Family Law Attorney
Category: Family Law
Satisfied Customers: 344
Experience:  I have been practicing primarily in the field of Family Law for approximately 17 years
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I was just served a Suppoena Duces Tecum for Deposition with

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I was just served a Suppoena Duces Tecum for Deposition with regard to my ex-husband trying to remove the injunction against him. The injunction was placed on him due to alleged sexual abuse of the girls, however, the state attorney did not file criminal charges against him so his lawyer is asking to have this removed by stating the basis for obtaining the restraining order were untrue. (The ex said there was no admission of guilt on the order). What do I need to know to protect my rights so I can can protect my children?
A deposition is a form of discovery, or a way for his attorney to "discover facts". The deposition of a party (which you are) has at least three purposes: (1) locking in the party's testimony regarding the facts in controversy; (2) determining what type of witness the party will make before a jury; and (3) testing the party's credibility. It is often also used as a "fishing expedition". You usually have to answer the questions. If you have or had an attorney in the underlying action, you should see if they will go to this with you. If it is part of an on-going action, they will be going with you. There is usually a court reporter or stenographer present, who then transcribes what is said. Questions are answered under oath. There aren't usually objections made at a deposition, the right of the attorney to question you on anything is pretty much fair game. If you change your "story" at the hearing, during testimony, it will often be used to "impeach" you. If you don't recall something, you should so state as opposed to answering. You should review any prior statements you have made in the matter before you go. I hope this helps.
Customer: replied 6 years ago.
I was trying to understand what I am allowed to answer that wont ruin the protection I'm trying to provide for the kids. For instance, if he asks something like, "What has your daughter told you about wanting to be or not to be with her father?" Would I have to answer that since it is a sensitive subject and a personal conversation between her and I?
Yes, usually you have to answer everything in a deposition. Whether or not it would be admissible in Court is another story. Children's testimony, while oftentimes is considered hearsay, is sometimes allowed in depending on the particular Judge.
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