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In this video I talk about the power of discovery & your depositions in a child custody case.*
Please read the Disclaimer below:
*This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship. An attorney-client relationship is only formed when you have signed an engagement agreement. We cannot guarantee results. Past results do not guarantee future results. Consult with a licensed attorney for information regarding the specifics of your case.
Never underestimate the power of discovery in your child custody case. I just finished a case last Friday that had veen going on about a year. We thought we would be able to settle the case because the right outcome seemed fairly obvious to my client & myself. Unfortunately it was not that obvious to the other side so we had to go through years worth of litigation, court appearances, attorneys fees & lots of headache for my client.
My client was under a lot of stress but persevered & in the months before our trial setting we finally figured out that there was no way the other side was going to compromise. So we started to hit the discovery hard. I took the other party's deposition & it was quite lengthy & I didn't go in unprepared & was very strategic with the questions that I asked & the information that I wanted to know.
One of my goals during every deposition is to get a better understanding of what the other side is going to say during the custody trial & lock them in to their answers. That way it makes it easier for me to impeach them at trial. My client & I were happy with the way the deposition went, but it really didn't seem like it made a difference in the scheme of things because here we were continuing to prepare for the trial & despite the questions I asked of the other party in my deposition and irogitory, request for admission, the husband did not seem shaken, he was firm in his position. So fast forward after I have done the deposition & discovery it is time for trial.
In this particular case their was a guardian ad litem assigned to the case by the court & the guardian ad litem had reviewed all the discovery I had propounded, all of the pleading & apparently he did not get to review the deposition until the days leading up to the trial.
The guardian ad litem was going to make a recommendation to the judge that was not in my client's favor. I was feeling a little discouraged & worried the court was going to rule in their favor. As it turns out, the guardian ad litem really sunk his teeth into the deposition I had done.
Wendy Hernandez is a family law attorney in Phoenix, AZ and founder of Command the Courtroom which teaches you how to handle yourself in court and achieve the best outcome when representing yourself in your divorce or child custody case.
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