Q: can you be deposed twice in family law court and what is the civil law specifically to use to respond
I was deposed in this case in 2017 over finances. Now I have been served with documents of production of text messages and questions regarding people I have talked to
A:
In family law cases in California, it is possible to be deposed more than once. However, there are some limitations and considerations:
1. Multiple depositions: California Code of Civil Procedure (CCP) § 2025.610 allows for a person to be deposed more than once in the same action, but with some restrictions.
2. Court permission: After the initial deposition, subsequent depositions typically require either agreement between the parties or a court order. This is outlined in CCP § 2025.610(b).
3. Good cause: The party seeking an additional deposition must show good cause, especially if there's been a significant change in circumstances or new information has come to light since the first deposition.
4. Scope: The second deposition should generally be limited to new issues or information not covered in the first deposition.
5. Time limits: There are overall time limits on depositions in California, typically 7 hours per deponent (CCP § 2025.290), though this can be extended by court order or agreement.
To respond to the request for a second deposition, you could cite CCP § 2025.610, which outlines the requirements for subsequent depositions. If you believe the second deposition is unwarranted, you could:
1. Object to the deposition notice, citing lack of good cause or relevance.
2. File a motion for a protective order under CCP § 2025.420 to limit the scope or prevent the deposition entirely.
3. Negotiate with the other party to limit the scope of questioning to only new information.
Given that the new deposition appears to focus on different topics (text messages and communications) compared to the first one (finances), the court may be inclined to allow it if the information is deemed relevant to the case.
It's advisable to consult with a family law attorney to discuss your specific situation and the best course of action. They can help you understand your rights and potentially contest the deposition if appropriate.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
