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Can You Still Depose Witnesses Listed in an Upcoming Child Custody Trial Ahead of Time?

A child custody trial is more than a legal proceeding; it’s an emotional and potentially explosive situation with outcomes that are hard to predict. Even experienced attorneys who lead their clients through child custody cases all the time spend a lot of time preparing and learning the entire case file before they start deposing witnesses on either side. It takes time, preparation, an understanding of legal requirements and an ability to follow legal instincts that come with experience and education. While many people choose to represent themselves in cases of family law, it’s advisable to retain an attorney when there are child custody matters in question. You’ll be at a serious disadvantage if you are not represented properly.

Lawyers and self-represented legal parties are permitted to depose any witnesses that are listed for trial. In order to schedule a deposition, you’ll need to contact the opposing counsel and settle on a time and place to conduct the deposition. This can be frustrating in and of itself. Your opposition will want its own witnesses to have the advantage over you, so prepare to negotiate on the details. If you have an attorney taking care of these things for you, there won’t be any difficult situations to manage. You’ll simply be told when the deposition is taking place.

The witnesses will not talk to you alone. Your deposition will include the opposing counsel as well as any attorneys that have been hired by those witnesses to protect their interests and rights in your child custody case. It does not matter when the trial takes place; you can schedule your depositions and begin preparing what you will ask those witnesses at any time.

This post was written by David Hurvitz. Follow David on Google+.