Since I am Pro Se, what can I do during the deposition of a witness that my ex's counsel has subpoenaed, if they start asking questions that are outside the scope of the pleadings of the Motion that was filed? I feel like they are going to go on a "fishing" expedition and try to get information that is personal and unrelated to the case. I understand that I can object to any questions that I think are irrelevant but can the witness and I leave the deposition if they continue to probe into matters that are unrelated after I have repeatedly objected? I don't think I can call a judge during the depositions since I am Pro Se. Are they any rules for Virginia that I can read regarding this matter?
If opposing counsel did not ask my availability before serving a witness with a subpoena to appear at depositions, can I file a Motion to Quash the Deposition even if the deposition is supposed to take place this week - well before my 2-week Motion can be heard? I'm thinking about asking opposing counsel their availability to go before the Calendar Control Judge before the scheduled deposition. My question is, will the calendar control judge be able to either quash the deposition or at least postpone it until my case can be heard?
If it makes you feel any better, I've been having a Monday also!
Thanks so much for your thorough responses. I wish I could have you represent me in court because you seem very knowledgeable and level headed.
I appreciate your help.
Have a nice evening.
I have filed a Rule to Show Cause against my ex as she has purposely and repeatedly gone against our current Court Order. Her attorney is trying to get it thrown out as she has stated in her Motion that my Rule is on the docket (subject to Plea in Bar). A judge has already signed my Rule and my ex has been served the papers telling her when she needs to come to court.
Her attorney also just filed a Motion to Require me to obtain permission from the court before filing any additional motions because she is mad that I filed a Motion to Compel Discovery Requests and because I have already asked opposing counsel's availability as I plan to file a Motion to Compel requiring my ex to answer deposition questions. Not only did opposing counsel object to the majority of my deposition questions directed to my ex, but my ex never gave an answer to many of them. I thought a person being deposed was required to answer, even after an objection was made. If the Motion isn't set to heard for several weeks, can I still file a Motion prior to that hearing since a judge hasn't made a ruling yet as to whether I have to ask the court's permission before filing any further Motions.
I just received an email from my ex's attorney asking that I go to Calendar Control tomorrow am in order to pick a date for the Rule to Show Cause that I filed against my ex. A date has already been assigned and a judge signed the Rule and she was served the documents. I'm looking on-line for information and I cannot find anywhere that says I have to pick a different date than what was assigned. I believe it is a simple matter and with the clear evidence that I have, this case does not require more than 30 minutes. If she claims that she believes it will take a full day, then does the calendar control judge reassign it or does oppposing counsel and I have to agree to reassign it. I feel like it should be my call since I'm the one who filed the Rule to Show Cause. Am I correct?
You aren't going to believe this but the Calendar Control Judge agreed with my ex's attorney and moved the date for the Rule to Show Cause that I had filed and was supposed to be heard next week and got it moved to FEBRUARY!!! The worst part about it is our big hearing to decide sole decision making for medical and recalculating child support is being heard in January. If the Court could make a ruling that she was in contempt before the January hearing, I doubt a judge would grant her sole medical decision making since a lot of her violations of our current Order are regarding medical. I'm thinking about going back to Calendar Control and either asking that our January hearing be moved until after the February Rule Hearing is completed or asking for the first day of our January hearing to be about the Rule to Show Cause. Is it right for me to request this or will I just make the Calendar Control Judge angry?
Also, I have a Motion that is going to be heard Feb. 15 but I want to file an Amendment. Would I need to do that by tomorrow in order to give opposing counsel 2-weeks notice? I think that is correct since she will need to file her response/opposition by next Friday.
I'm trying to do everything correctly and follow the rules and procedures of the court but I feel like I'm in a losing battle since I am pro se. It seems like the judges and attorneys work together so that a pro se will never win over an attorney.
My other dissadvantage is that my ex has remarried someone who is worth millions (literally) and she has already spent over $100,000 fighting me for more child support, more money for the children's sports equipment and sole medical decision making. Isn't that absurb since she obviously doesn't even need child support in order to provide for the kids while they are with her. Plus we have the kids an equal amount of the time (every other week, year around).
I respect your profession because there is a lot that has to be done in order to help your client win their case. It's exhausting doing this all on my own but I hope in the end it will be worth it.
Thanks again for your assistance in providing me links and information about rules and procedures.
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