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Divorce/Custody : Depositions -- How Did you Do It?
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Reply
 Message 1 of 12 in Discussion 
From: Morgan Park  (Original Message)Sent: 13/07/2008 12:41 a.m.
So I'm scheduled for a deposition, and I'm told by my attorney that I MUST be in the same room with him. I think she believes that somehow he will be less likely to lie if I'm there. But as we all know Ns will lie regardless of the setting, person, time of day, topic, etc.
 
There can't really be a law/rule that you must be in the same room with the opposition?
 
I would like to DEMAND from my lawyer that we stay separate. I just can't stomach looking at him, and I know that it is such great NS for him.
 
Just wondering what coping mechanisms anyone here may have used. Or, if they demanded to be separate?
 
Thanks to all.


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Reply
 Message 2 of 12 in Discussion 
From: XtraMSN NicknameverymeanmateSent: 13/07/2008 2:07 a.m.
Is the deposition for your answers or his?

Reply
 Message 3 of 12 in Discussion 
From: Morgan ParkSent: 13/07/2008 2:10 a.m.
Both. But on separate days.

Reply
 Message 4 of 12 in Discussion 
From: XtraMSN NicknamelindawrgSent: 13/07/2008 4:16 a.m.
I don't know about other states, but Michigan, you are not required to attend N's deposition; however, your attorney may prefer your presence; you need to speak to him/her further and really stress you don't want to be in the same room with N. Unfortunately, again in Michigan, because he is a party to the action, N is allowed to attend your deposition.

Reply
 Message 5 of 12 in Discussion 
From: XtraMSN NicknameverymeanmateSent: 13/07/2008 5:46 p.m.
if you are there maybe N will lie less,

Reply
 Message 6 of 12 in Discussion 
From: XtraMSN NicknameApril1997Sent: 14/07/2008 12:09 a.m.
My N was not present for mine and  I was thankful for that but I am going to be present for his. I look it at as an opportunity to assist my atty. I know him the best and I know what quesitons will push him to far and what questions he will lie about it. SO our strategy is to take a break about 1/2 way through and we can then discuss what things she needs to ask again.  I hope to show HIS atty  his true colors b/s she is snowballed right now.  I guess I am trying to see the advantages to it. May be that will be helpful for you.  And don't make eye contact with him - ignore him and act like he isn't there. Hard to do but worth it.  Just keep you r head down and take notes during his depo and during yours , turn your body away from him and focus only on his atty. or look up at the ceiling.  Good luck.

Reply
 Message 7 of 12 in Discussion 
From: XtraMSN NicknamemgrofchaosSent: 14/07/2008 12:32 a.m.
Hi Morgan- I found it useful to be there during my H"s depo- I helped my atty by supplying her with a list of questions to ask  him about  and  of  course she  had  her own  as  well. And when I saw him lying during the depo I could write quick notes to my atty as I was sitting  right next to her. The depo of my H took 5 full hours- we covered  alot of  ground  and  when  my atty wasn't  getting  the  truth out  of  him she would skip  along  to  another subject  then skip  back to  a  prior one- that was strategic  as  it caught  him  off  guard  and  he  then said  more.
          I was scheduled  to  be depoed  right after  him  but since he  took  the  full  day, mine had to be a few weeks later. On  that date the attys  talked  before  we  started and  his atty decided  not  to depo me after  all- seems that  it wouldn't produce enough stuff  to use against  me so they changed  their  mind  at  the  last  minute.
       I later ordered a copy of the depo so I could have it at home- seeing it in black and white is good therapy to remember that he is a true N and competely lacking in empathy  and  remorse  as well  as commitment to  the  truth  and  to  marriage.  I live  in OH and  I  think  that  it was  not  required  that  I  be  there  but  I  found  it to  be  helpful  to my atty and  it  was  truly amazing  to  see  him sitting  there  calmly  proclaiming  that  he was 'honest, trustworthy, and  a  person  of  integrity' after 2  long  affairs  and  leaving  me  with 3  kids for  his  married  OW!

Reply
 Message 8 of 12 in Discussion 
From: XtraMSN NicknameJustMeNMyDogsNowSent: 14/07/2008 7:26 p.m.
Hi, Morgan.  My STBXNH's depo also took five hours.  I was not required to be there (California) and had not planned to be there, but my lawyer said it would be helpful to him if I did go.  So, I did.  My lawyer did ask me questions during the breaks that I was able to answer, but the day seemed like I was in a fog.  I think I missed about half of what was said.  For the first time, someone was calling him on his behavior, and I was so enormously grateful.  My attorney said that it is much more intimidating to videotape the depo, so that's what we did, and now the DVDs can be shown to the judge (private judge).  It is soooo obvious that he is lying, that there's no way anybody can refute the DVD.  It tells VOLUMES more than a simple written transcript.

Reply
 Message 9 of 12 in Discussion 
From: XtraMSN NicknamenewbielibrarianSent: 22/07/2008 8:34 p.m.
hi morgan,

i agree with all the others about being present at N's depo. i was present at mine (in texas) and was very glad that i was there. every time N lied (which was often!), i was able to write it down and let my attorney look at my notes. that helped my attorney push N more and catch him in his web of lies. also when we went to court for our temporary orders, my lawyer was able to bring up all the lies from the depo since on the stand, N was telling new stories! we know how they can't keep their lies straight!

that being said, you should do what feels comfortable for you. good luck and keep us posted.

newbie

Reply
 Message 10 of 12 in Discussion 
From: gena197Sent: 24/07/2008 1:25 p.m.
Morgan;
 
Don't miss his deposition YOUR LAWYER NEEDS YOU.  Don't show any emotions and yes, be busy writing notes as someone said before for your attorney so he/she can ask the questions, it is their job. 
 
They are going to lie so much, but TELL the truth no matter what, you will feel better about yourself. 
 
They will also distort what you say or what you have done, so be aware and STAY CALM or he will get enjoyment out of it!

Reply
 Message 11 of 12 in Discussion 
From: XtraMSN NicknameN3SXSent: 7/09/2008 4:06 p.m.
I haven't gotten to this point yet (starting the 730 on tues.) but don't we want them to lie and show their true colors? Help me out here...

Reply
 Message 12 of 12 in Discussion 
From: XtraMSN Nicknamethx-rachelSent: 7/09/2008 6:49 p.m.
Morgan,
 
I do think if you can just put yourself into neutral for ONE day to attend, there might be a great deal you can gain from it to use against him.  If you are not physically present then he may say things which no one else will know to pick up on.  The advice about taking notes throughout is excellent.
 
You and your lawyer will probably be able to strengthen your case against him, OR even disprove statements he makes during the deposition by providing evidence to the contrary, especially where financial matters are concerned. Ns often have a hard time camougflaging their arrogance around people who have authority (judges, lawyers etc) so hopefully he will run his mouth nonstop!
 
<<I just can't stomach looking at him>>
 
Then don't.  That will deflate his ego pretty fast.  Look at your lawyer, your notepad, your cell phone, count ceiling tiles, whatever!!
 
p.s. after the deposition, take yourself out to lunch!

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