What is legal implication when I’m unable to attend deposition during divorce litigation due to work?

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What’s legal implication when I’m unable to attend deposition due to work? My friend who went thru deposition told me it’s totally waste of time and money. He was asked questions like: who is washing the dishes during marriage? who’s helping kids’ homework?

Attorney Answers

9
Robin Jean GrayFamily Law AttorneyReading, PANJ licensed ·
If you are ordered to attend a deposition then you need to attend the deposition. If you do not, a motion can be filed against you in court compelling your attendance or in severe cases, sanctions can be imposed. There are reasons for the deposition. If you are not represented, you should hire an attorney.
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Gary Moore ·
A failure to provide discovery can result in your complaint or answer being stricken and your li sing the case.
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cott J NewmanFamily Law AttorneyMarlton, NJ ·
Depositions may seem like a waste of time to you, but they are not, particularly if your matter goes to trial. If you do not attend, the other party's lawyer can file a Motion seeking to compel your attendance at a deposition on a specific date and time. As my colleague says, if you do not comply with such an Order, you will be subject to sanctions, and you will also anger the Judge who is assigned to your case. Best thing to do is for you to be represented by counsel and follow the advice of your lawyer.
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Catherine Ross ·
You may request that the deposition be rescheduled at a time that is not a problem for you at work. That request can be made through the court after you make the request to the person scheduling the deposition. As my colleagues have alerted you, a notice to appear for a deposition is a serious document and should not be disregarded. There are serious consequences. Most employers understand if you have been summoned to attend a court proceeding or a court related proceeding like a deposition.
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Robert Ricci ·
If you have work, try to re-schedule it. It can be worked around your schedule. But you must attend.
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Bari Weinberger ·
If you were to appear for a deposition if you continue to fail to do so the court upon request may order sanctions against you that will negatively impact your position in the divorce. You do not get to decide what is useful for the other side.
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William Popovich ·
You must attend if ordered, or you will be ordered again, asked to suffer sanctions which can take several forms, or found in contempt, potentially. Those questions are important to the court to determine custody and support.
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Alexander O BentsenSocial Security LawyersStaten Island, NY ·
You must attend the deposition. If it is inconvenient to attend it on a particular day, you can request that it be rescheduled. This is usually permitted a few times in most cases. If you have to travel for work or must attend something important, the deposition should be rescheduled to accommodate that. If you are worried about taking time off--your employer is not permitted to penalize you for having to attend a court proceeding.
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Gary Spritz ·
First you need a lawyer that is local to you that you have confidence in, Second, I agree with Ms. Gray's comment as non participartion by you could really harm you in your case as it paints you in a bad light. Second when you hire a local lawyer you should discuss ways to make it easier for you and whether or not they are possible and economical. One could be doing the deposition by telephone...some jurisdications will allow this and some do not. Third when lawyers have no reason for a deposition and are asking questions which do not help their own clients, really they often just harm their clients. In short hire a recommended local attorney and listen to them.
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