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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9969
Experience:  Experienced Family Law Attorney
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My lawyer filed a motion requesting for my spouse to pay my

Customer Question

my lawyer filed a motion requesting for my spouse to pay my legal fees for trial this has been a 7 year battle, the date was set for aug 26 for the hearing before the Judge
my question my ex set up a date for MY deposition just one day before this hearing
my intuition tells me to change the date because I feel they hope they will find something that they can say to the Judge that could influence the Judge to NOT ALLOW MY FEES. I live on alimony only, I have heart issues, 67 yrs of age, he is a physician grossing over a million a year.
Wouldn't it a better idea for me not to put myself in that position a day before the Judge hears my plea for fees
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

WHat state is this in regards ***** *****?

Customer: replied 1 year ago.
Expert:  LegalGems replied 1 year ago.

If they will agree to an extension of the deposition then generally it would be best to postpone it until after the hearing; however, if they will not agree, then one would need to motion the court.

Please see L.A.'s "rules of civility" which states:

(4) Counsel should not attempt to delay a deposition for dilatory purposes but only if necessary to meet real scheduling problems

So generally a deposition continuance will not be granted unless there is a justifiable reason for the inability to attend.

If the continuance is not consented to or ordered by the court, attendance is mandatory as failure to appear can result in sanctions or a contempt citation.

Attorney fees in CA are awarded in 3 scenarios:

1. as a sanction (ie a party brings a frivolous suit)

2. to the prevailing party

3. in divorce cases, when one party is better able to afford legal fees, and it is awarded tho the lower earning party, to equalize the parties.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 1 year ago.

Did you have any questions? I noted your duplicate question. If so please post here and I will reply otherwise kindly close the question by rating 5 stars. Thank you.

Expert:  LegalGems replied 12 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!