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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I am pro per in a family law matter. I am noticing my ex-spouce

Customer Question

I am pro per in a family law matter. I am noticing my ex-spouce to take her depopsition.

Trial date is 9/6. What are the timing guidelines in terms of advance notice and days before trial?

Thank, Clark
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.
Hi,

The court should have issued a docket control order which states the last date on which you can conduct discovery. If it is after that deadline, then your wife can object to the deposition and refuse to attend. In order to get the court to force her to attend, through a motion to compel, you will have to explain to the court why you did not notice the deposition prior to the discovery deadline.

These deadlines are usually 30 days before the trial date. So you need to act quickly.

If you are unable to locate the discovery deadline, look your case up on line in the court's system and look for a "scheduling order" or a "docket control order" or an abbreviation of either of those.

Please let me know if you need further information.
-ZDN
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 2 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
Thanks, XXXXX XXXXX an amount of time I need to give them prior deposition from date of notice? Can I notice today for 8/6? To have complied with the 30 days, and if she and her attorney wish to select a new time we can agree on that.

I am not sure our system has the online data here. It may be 10 court days though, that seams standard for most pleadings, lodgings, etc.
I was never noticed by mail or any other way of a final discovery date.

How do you suggest I go about findingbthe cheapest possible stenographer? Ifvshe is an officer, does the videographer also need to be! Or can the video be taken byvanyone?

Thanks
Expert:  TexLaw replied 2 years ago.
Unfortunately not. The following rule states that you have to provide 10 days notice. I would send the notice out now for 10 days later and then contact her attorney to see if he will agree to allow the deposition to go forward. If not, then you may need to motion the court to allow you to take the deposition after the discovery deadline.

2025.270. (a) An oral deposition shall be scheduled for a date at
least 10 days after service of the deposition notice.
(b) Notwithstanding subdivision (a), in an unlawful detainer
action or other proceeding under Chapter 4 (commencing with Section
1159) of Title 3 of Part 3, an oral deposition shall be scheduled for
a date at least five days after service of the deposition notice,
but not later than five days before trial.
(c) Notwithstanding subdivisions (a) and (b), if, as defined in
Section 1985.3 or 1985.6, the party giving notice of the deposition
is a subpoenaing party, and the deponent is a witness commanded by a
deposition subpoena to produce personal records of a consumer or
employment records of an employee, the deposition shall be scheduled
for a date at least 20 days after issuance of that subpoena.
(d) On motion or ex parte application of any party or deponent,
for good cause shown, the court may shorten or extend the time for
scheduling a deposition, or may stay its taking until the
determination of a motion for a protective order under Section
2025.420.
Customer: replied 2 years ago.
Thanks, XXXXX XXXXX to clerk, I need to go to courthouse and pull the file with the discovery order.
Expert:  TexLaw replied 2 years ago.
Go ahead and send your notice for the deposition now. If it's after the deadline, then you can ask the opposing counsel to allow you to proceed by agreement. If they won't agree, then ask the court for permission.

They may allow it since you are representing yourself and are not an attorney. The most important thing at this point is noticing the deposition and getting the ten days started.

Also, on the stenographer, you need to call around to different court reporting services and see who gives you the best deal. Don't do video, its a waste of money for you because this is only useful when you have the trial technicians and computer software to use it at trial. The deposition is of the other party, so there's no need for it to be video'd as she is going to be available at trial.
Customer: replied 2 years ago.
Great stuff, thanks so much. I went to the court house and pulled the file. This matter was continued by the Court's own motion from 6/28 to 9/6. The clerk said to mirror any discovery order from the June date. All that the judge said was for council and I to meet and confer by 6/15 to agree on exhibits, she has numbers and I have letters. I searched it over several times. My ex and her attorney will not agree to this unless they have to. She may actually refuse regardless of what council says and take her chances with the judge.

By the way, I did sign up for unlimited questions beyond this. I hope I can continue with you. You definitely get a smiley face.
Customer: replied 2 years ago.

Hi Zac, what time zone are you?
Are you up and about?
I have an Ex Parte hearing in a few hours and am wondering if you have a
few minutes.

Thank You

Expert:  TexLaw replied 2 years ago.
It looks like I missed you. Let me know how your hearing went.
Customer: replied 2 years ago.
Hi, thanks for getting back to me. I am not sure the best way to get questions to you.

You may recall I started out asking how to notice taking a deposition of my X. I opted not to go that route for several reasons, mostly, because I didn't want to give my case away. Then when I realized I could call her as an adverse witness at trial it was really unnecessary.

An upside might have been to set her up in some lies, get answers in depo that contradict her testimony in court. As respondent, what I will try to do is use my cross of her direct testimony to set traps for my questions during my case. Hopefully she will be rattled hearing the testimony of my witnesses. Then after questioning her (and OC cross) I will take the stand. Some advantages to Pro Per if I can hang on to my hat and not get rattled by OC.

On that note, as for yesterday, OC went in Ex Parte to try and refer the case back to Family Court Services (FCS). I don't know the rules in your state, but FCS mediation prior is mandatory for custody. In our first hearing (judgement was 2004, we are in and out since 2010 for custody change) They tried to waive FCS because we had a High Conflict Case Manager (HCCM). The judge granted FCS where X and I agreed on most custody issues, meaning there was no investigation by the social worker, no kids, no therapists, no collateral witneses. She thought we were done, but she refuses to agree on visitation schedule or reunification plan, the tenants of my OSC. So they are pissed she agreed and OC has very little evidence of anything. So, judge denied referring it back to FCS for investigation. The other thing they asked was how Court wanted to take testimony of my 17 year old daughter. I argued against it, but he said Petitioner can call her subject to my cross. OC gets all pissed off when things don't go his way. He stormed out of there it was a good day. I sat and observed some of a trial.

So, I give you that as background. I need to file my final pleadings by 8/23 and we are supposed to meet and confer to agree on exhibits and witneses, but he is avoiding that. I don't have many questions today, but I will have while preparing for trial date of 9/6.

Thanks. My former attny was $535 an hour (I may have bankruptcy questions). This is help from God.
Customer: replied 2 years ago.
One questions, do I list pleadings from the history of the case as exhibits? OC did not. I want to refer to both hers and mine and offer into evidence.

Thanks

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