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- Written or Oral
- Sworn responses to questions and under oath
- Transcribed by a reporter
Who should be present during a Deposition?
- Court Reporter
- Deposing Attorney's Client
Notice of Deposition
- Notice must be made in writing
- Notice alone is enough to compel the other party
- Non-party deposition requires a subpoena
- Notice must state time and address
- Sworn statement that lists the party's sources of income, expenses and assets/liabilities.
- Most states require both parties to file this with the court.
Motion for Disclosure of Assets
- Request for detail info on all existing assets and/or liabilities
- Only used if other forms of discovery are not sufficient