Family Law Depositions
Erschienen in 2009
Loseblatt
1200 Seiten
978-1-57823-084-6 (ISBN)
Beschreibung
Family Law Depositions sketches, in broad outline, the planning, tactical and strategic approach of effectively and efficiently gathering, eliciting, preserving and presenting testimony from potential witnesses. Accordingly, this text presents, out of the thousands of problems and pitfalls in family law litigation, a glimpse of some of these problems and a possible method of handling and solving them. Family Law Depositions includes actual depositions (forms) conducted by the authors from various topical areas of family law, including such areas as: grounds for divorce, child custody, visitation and support, and division of property. Family Law Depositions will generate insight and understanding of some of the problems faced when conducting depositions; aid the practitioner in formulating solutions or approaches to the problems that confront him or her; and sharpen the practitioner's skills in gathering deposition testimony in general.
Family Law Depositions contains features that are both unique and extremely practical for the family law practitioner during the discovery phase of a typical family law case:
- Usable Information Sheets - Detailed background questions for the client which will provide elicit every fact needed by the practitioner concerning the client, the family, and the alleged facts of the case.
- Documentary Evidence Checklists - Ensures that the attorney requests every relevant document needed to resolve the case.
- Other Checklists for Case Preparation - To make sure counsel is fully prepared to move forward and anticipate the opponent's strategy
- Strategic Insight for Conducting the Deposition itself - Examples of key elements of the deposition, with sample questions and typical answers (e.g., background questions, admonitory instructions, use of stipulations, use of interrogatories and admissions).
- Instructions on How To Deal With a Witness' Credibility - Tips for determining credibility
- General Outline for Various Types of Family Law Cases - Ensures that nothing is overlooked.
- Sample Depositions for Every Type of Family Law Case - Sample Q&A with strategic notes; case background
- Specific Question-Only Examples - Provides every possible question for particular cases; ensures that no relevant question is forgotten. Can also be used as a deposition or case preparation checklist.
- Case Citations - Provides key case citations that will direct the attorney's research on key issues.
Family Law Depositions contains features that are both unique and extremely practical for the family law practitioner during the discovery phase of a typical family law case:
- Usable Information Sheets - Detailed background questions for the client which will provide elicit every fact needed by the practitioner concerning the client, the family, and the alleged facts of the case.
- Documentary Evidence Checklists - Ensures that the attorney requests every relevant document needed to resolve the case.
- Other Checklists for Case Preparation - To make sure counsel is fully prepared to move forward and anticipate the opponent's strategy
- Strategic Insight for Conducting the Deposition itself - Examples of key elements of the deposition, with sample questions and typical answers (e.g., background questions, admonitory instructions, use of stipulations, use of interrogatories and admissions).
- Instructions on How To Deal With a Witness' Credibility - Tips for determining credibility
- General Outline for Various Types of Family Law Cases - Ensures that nothing is overlooked.
- Sample Depositions for Every Type of Family Law Case - Sample Q&A with strategic notes; case background
- Specific Question-Only Examples - Provides every possible question for particular cases; ensures that no relevant question is forgotten. Can also be used as a deposition or case preparation checklist.
- Case Citations - Provides key case citations that will direct the attorney's research on key issues.
Weitere Details
Sprache
Englisch
ISBN-13
978-1-57823-084-6 (9781578230846)
Personen
John Nichols is a 1964 graduate of Rice University and a 1967 graduate from the University of Houston College of Law. His legal career has been dedicated to trial work, with special emphasis on family law, personal injury law, and general civil trial litigation. He holds certifications from the Texas Board of Legal Specialization in Family Law, Personal Injury Law and Civil Trial Law.
Mr. Nichols is also certified by the National Board of Trial Advocacy in Civil Trial Law and has been honored by several national publications, including the "Best Lawyers in America," for his work. In 2003, his peers named him one of Texas' "Super Lawyers," signifying his standing as among the best in the legal profession. He has published over 100 articles and given more than 150 lectures and seminars on topics relating to torts, juries, trial preparation, ethics, professional responsibility, fraud, business litigation, family law and more.
Joe Phillips graduated in 1984 from the University of California-Berkeley's School of Law (Boalt Hall). He also holds a Master's Degree from the University of Chicago. His legal practice has focused on litigation and involved family law, complex product liability litigation, class actions, constitutional law, commercial law, insurance bad faith claims, consumer protection law, and maritime/aviation law. He has authored law review and continuing legal education articles and an extensive book chapter on tort liability.
Mr. Nichols is also certified by the National Board of Trial Advocacy in Civil Trial Law and has been honored by several national publications, including the "Best Lawyers in America," for his work. In 2003, his peers named him one of Texas' "Super Lawyers," signifying his standing as among the best in the legal profession. He has published over 100 articles and given more than 150 lectures and seminars on topics relating to torts, juries, trial preparation, ethics, professional responsibility, fraud, business litigation, family law and more.
Joe Phillips graduated in 1984 from the University of California-Berkeley's School of Law (Boalt Hall). He also holds a Master's Degree from the University of Chicago. His legal practice has focused on litigation and involved family law, complex product liability litigation, class actions, constitutional law, commercial law, insurance bad faith claims, consumer protection law, and maritime/aviation law. He has authored law review and continuing legal education articles and an extensive book chapter on tort liability.
Inhalt
Family.01 Pre-Deposition Strategy
[1] Generally
[a]Preparation of Counsel
[b]Joint Discovery Plan
[c]Written Discovery
[2] Marshalling Data
[a]Chronological or Topical History
[b]Example of Chronological-Narrative History
[c]Example of Topical-Outline History
[3] Use of Information Sheets
[a]Client Questionnaire
[b]Schedule of Marital Property
[c]Custody worksheet
[4] Documentary Evidence Checklist
[5] Demonstrative Evidence Checklist
[6] Discovery From Client's Spouse
[a]Documentary and Demonstrative Evidence
[b]Interrogatories and Admissions
[c]Inventory of Assets and Liabilities
[7] Discovery From Third Persons or Entities
[a]Surveillance: Use of Private Investigators
[b]Documentary and Demonstrative Evidence
[c]Friends and Neighbors
[8] Preparation for Deposition
[a]Deposing Counsel's Preparation
[b]Defending Counsel's Preparation
[i]Preparing the Witness
[ii]Printed Witness Instructions
[9] Notice and Subpoena for Deposition
[a]Notice
[b]Subpoena Duces Tecum
[10] Experts
[a]Learning the Science
[b]Consulting with Experts
[c]Deposing the Expert
[d]Checklist: Comprehensive Outline for an Expert's Deposition
[11] Discovery of Digital Information and the 2006 and 2007 Amendments to the FRCPs
[a]2006 and 2007 Amendments Relating to Discovery
[i] Rule 16: Pretrial Conferences; Scheduling; Management
[ii] Rule 26
[iii] Rule 33: Interrogatories to Parties
[iv] Rule 34: Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
[v[ Rule 37: Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
[vi] Rule 45: Subpoena
[b]Additional Considerations for ESI Discovery
Family.02 Conduct of Deposition
[1] Deposing Counsel
[a]General Considerations
[b]Admonitory Instructions
[c]Use of Stipulations
[d]Use of Admissions and Interrogatories
[e]Use of Documents
[f]Use of Photographs and Sound Recordings and Other Objects
[g]Certification of Questions
[2] Defending Counsel
[a]General Considerations
[b]Correcting Mistakes and Ambiguities
[c]Privileges
[d]Common Privileges
[3] Other Objections
[a]Objections to the Question's Form or Answer's Responsiveness
[b]Substantive Objections
[4] Special Types of Evidence
[5] Witness Credibility
[a]In General
[b]Identifying the Deceitful Witness
[6] Technology and Depositions
[a]Videotaped Depositions
[b]Electronic Storage and Retrieval
[7] Reading and Signing the Deposition
[8] Filing the Deposition Transcript
[9] Deposition's Use in Court
[10] Checklist: Comprehensive Outline for a Deposition Examination
Family.03 Divorce Proceedings
[1] Background
FORM NO. 1: Background Information Examination of Party-Spouse in Divorce Action
FORM NO. 1A: Background Information Actual Examination of Petitioner-Wife by Her Counsel
[2] Adultry
FORM NO. 2: Adulterous Relationship Examination of Spouse Accusing Other Spouse of Adultry
FORM NO. 2A: Adulterous Relationship Actual Examination of Husband by Counsel for Petitioner-Wife
FORM NO. 2B: Adulterous Relationship Actual Examination of Paramour by Counsel for Petitioner-Wife
[3] Abandonment
FORM NO. 3: Abandonment, Insupportability and Cruelty Examination of Spouse Claiming Abandonment, Insupportability and Cruelty
[4] Annulment
FORM NO. 4: Annulment Examination of Petitioner for Annulment of Marriage
FORM NO. 5-10: [Reserved]
Family.04 Custody Proceedings and Visitation
FORM NO. 11: Determining Custody Rights Examination of Parent Challenging Petition for Managing Conservatorship
FORM NO. 12: Custody Proceeding Examination of Expert Retained in Custody Case
FORM NO. 13: Custody Proceeding Examination of Social Worker
FORM NO. 14: Custody Proceeding Examination of Clinical Psychologist
FORM NO. 15: Custody Proceeding Examination of Family Counselor
FORM NO. 16: Custody Proceeding Interstate Jurisdictional Dispute Examination of Ex-Wife
FORM NO. 17: Custody Proceeding Examination of Private Investigator
FORM NO. 18: Custody Proceeding Examination of School Teacher
FORM NO. 19: Custody Proceeding Examination of Tutor
FORM NO. 20: Custody Proceeding Examination of Domestic Servant
FORM NO. 21: Custody Proceeding Examination of School Counselor
FORM NO. 22: Custody Proceeding Examination of Paramour
FORM NO. 23: Custody Action Examination of Parent Claiming Abandonment of Child
FORM NO. 24: Action for Enforcement of Visitation Order Examination of Parent Allegedly Violating Order
FORM NOS. 25-40: [Reserved]
Family.05 Property Proceedings
[1] Generally
[2] Distribution of Property
[3] Characterization of Property
[4] Valuation of Property
[5] Illustrative Depositions in Property Proceedings
FORM NO. 41: Expert Examination:Certified PublicAccountant
FORM NO. 42: Tracing Property - Expert Examination: Certified Public Accountant
FORM NO. 43: Transfer of Marital Property- Examination of Spouse Claiming Improper Transfer
FORM NO. 44: Expert Examination: Real Estate Appraiser
FORM NO. 45: Valuation of Closely-Held Corporation or Other Family Business
Expert Examination: Business Appraiser
FORM NO. 46: Equitable Distribution of Marital Estate
Seperate Wealth and Spouse Seeking Employment
FORM NO. 47: Third Party Beneficiary Action
Examination of Husband Claiming Beneficiary Status in Wife's Purchase of Land with Seperate Property
Examination of Petitioner
FORM NO. 48: Promissory Estoppel Action
Examination of Wife Claiming Promissory Estoppel Based on Husband's Promises regarding Division of Estate
Examination of Petitioner
FORM NO. 49: The Alter Ego of a Corporation ('Piercing the Corporate Veil')
FORM NO. 50-55: [Reserved]
[6] Marital Property Agreements
FORM NO. 56: Enforcement of Marital Agreement Examination of Wife's Attorney Who Drafted the Agreement
FORM NO. 57: Enforcement of Marital Agreement-Examination of Wife's Attorney to Determine Whether Agreement is Unconscionable
Family.06 Marriages
[1] Common Law Marriage
FORM NO. 58: Establishing a Marriage Examination of "Spouse" Who Opposes Common-Law Marriage
[2] Putative Marriage
FORM NO. 59: Putative Marriage Action Examination of "Spouse" Claiming Putative Marriage
Family.07 Marital Torts
[1] Assault and Battery
FORM NO. 60: Assault and Battery Action Examination of Spouse Claiming Assault and Battery
FORM NO. 60A: Action for Divorce: Assault and Battery Actual Examination of Petitioner-Wife Claiming Assault and Battery
FORM NO. 60B: Action for Divorce: Assault and Battery Actual Examination of Petitioner-Wife Claiming Assault and Battery
[2] Conversion
FORM NO. 61: Conversion Action Examination of Spouse Accused of Converting Other Spouse's Separate Property
[3] Defamation
FORM NO. 62: Defamation Action Examination of Spouse Accused of Defaming Other Spouse Regarding Adultery
[4] Interference with Custody
FORM NO. 63: Interference with Custody Examination of Parent Claiming Interference
[5] Invasion of Privacy
FORM NO. 64: Tort Action between Spouses Examination of Wife Claiming Husband Invaded Her Privacy
[6] Malicious Prosecution
FORM NO. 65: Tort Action between Spouses Examination of Spouse Claiming Malicious Prosecution
[7] Abuse of Process
FORM NO. 66: Tort Action between Spouses Examination of Spouse Claiming Abuse of Process
[8] False Imprisonment
FORM NO. 67: Tort Action between Spouses Examination of Spouse Claiming False Imprisonment
[9] Infliction of Emotional Distress
FORM NO. 68: Tort Action between Spouses Examination of Spouse Claiming Infliction of Emotional Distress
[10] Stalking
FORM NO. 69: Tort Action between Spouses Examination of Spouse Claiming Stalking by Other Spouse
[11] Sexual Disease Transmission
FORM NO. 70: Tort Action between Spouses Examination of Spouse Claiming to be Infected with HIV by Other Spouse
[12] Spoliation of Evidence in Tort Actions
FORM NO. 71: Tort Action between Spouses Examination of Wife Claiming That Husband Destroyed Evidence
[13] Fiduciary Duty
FORM NO. 72: Establishing a Fiduciary Duty or Other Similar Relationship Examination of the Defendant
FORM NO. 73: Breach of Fiduciary Duty Action Against Spouse: Damages and Division of Marital Estate Examination of Plaintiff
FORM NO. 74: Constructive Fraud: Sale of Marital Asset-Examination of Responding Spouse
FORM NO. 75: Constructive Fraud: Improper Conveyances and Excessive or Other Improper Gifts Examination of Responding Spouse
FORM NO. 76: Waste: Examination of the Responding Spouse
FORM NO. 77-83 [Reserved]
Family.08 Nonmarital Torts
FORM NO. 84: Tort Action Against Parent for Minor Child's Conduct: Automobile Accident Examination of Parent
FORM NO. 85: Tort Action for Sexual Assault by Minor Against Parent for Minor's Conduct Examination of Parent
FORM NO. 86: Parental Immunity: Action Against Parent by Minor Child Examination of Parent
FORM NOS. 87-96: [Reserved]
Family.09 Damages
[1]Attorney's Fees and Case Expenses
FORM NO. 97: Action for Recovery of Attorney's Fees and Case Expenses/Costs Questions for Plaintiff
FORM NO. 98: Action for Recovery of Attorney's Fees Examination of Petitioner's Attorney Who is Seeking the Fees
[1] Generally
[a]Preparation of Counsel
[b]Joint Discovery Plan
[c]Written Discovery
[2] Marshalling Data
[a]Chronological or Topical History
[b]Example of Chronological-Narrative History
[c]Example of Topical-Outline History
[3] Use of Information Sheets
[a]Client Questionnaire
[b]Schedule of Marital Property
[c]Custody worksheet
[4] Documentary Evidence Checklist
[5] Demonstrative Evidence Checklist
[6] Discovery From Client's Spouse
[a]Documentary and Demonstrative Evidence
[b]Interrogatories and Admissions
[c]Inventory of Assets and Liabilities
[7] Discovery From Third Persons or Entities
[a]Surveillance: Use of Private Investigators
[b]Documentary and Demonstrative Evidence
[c]Friends and Neighbors
[8] Preparation for Deposition
[a]Deposing Counsel's Preparation
[b]Defending Counsel's Preparation
[i]Preparing the Witness
[ii]Printed Witness Instructions
[9] Notice and Subpoena for Deposition
[a]Notice
[b]Subpoena Duces Tecum
[10] Experts
[a]Learning the Science
[b]Consulting with Experts
[c]Deposing the Expert
[d]Checklist: Comprehensive Outline for an Expert's Deposition
[11] Discovery of Digital Information and the 2006 and 2007 Amendments to the FRCPs
[a]2006 and 2007 Amendments Relating to Discovery
[i] Rule 16: Pretrial Conferences; Scheduling; Management
[ii] Rule 26
[iii] Rule 33: Interrogatories to Parties
[iv] Rule 34: Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
[v[ Rule 37: Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
[vi] Rule 45: Subpoena
[b]Additional Considerations for ESI Discovery
Family.02 Conduct of Deposition
[1] Deposing Counsel
[a]General Considerations
[b]Admonitory Instructions
[c]Use of Stipulations
[d]Use of Admissions and Interrogatories
[e]Use of Documents
[f]Use of Photographs and Sound Recordings and Other Objects
[g]Certification of Questions
[2] Defending Counsel
[a]General Considerations
[b]Correcting Mistakes and Ambiguities
[c]Privileges
[d]Common Privileges
[3] Other Objections
[a]Objections to the Question's Form or Answer's Responsiveness
[b]Substantive Objections
[4] Special Types of Evidence
[5] Witness Credibility
[a]In General
[b]Identifying the Deceitful Witness
[6] Technology and Depositions
[a]Videotaped Depositions
[b]Electronic Storage and Retrieval
[7] Reading and Signing the Deposition
[8] Filing the Deposition Transcript
[9] Deposition's Use in Court
[10] Checklist: Comprehensive Outline for a Deposition Examination
Family.03 Divorce Proceedings
[1] Background
FORM NO. 1: Background Information Examination of Party-Spouse in Divorce Action
FORM NO. 1A: Background Information Actual Examination of Petitioner-Wife by Her Counsel
[2] Adultry
FORM NO. 2: Adulterous Relationship Examination of Spouse Accusing Other Spouse of Adultry
FORM NO. 2A: Adulterous Relationship Actual Examination of Husband by Counsel for Petitioner-Wife
FORM NO. 2B: Adulterous Relationship Actual Examination of Paramour by Counsel for Petitioner-Wife
[3] Abandonment
FORM NO. 3: Abandonment, Insupportability and Cruelty Examination of Spouse Claiming Abandonment, Insupportability and Cruelty
[4] Annulment
FORM NO. 4: Annulment Examination of Petitioner for Annulment of Marriage
FORM NO. 5-10: [Reserved]
Family.04 Custody Proceedings and Visitation
FORM NO. 11: Determining Custody Rights Examination of Parent Challenging Petition for Managing Conservatorship
FORM NO. 12: Custody Proceeding Examination of Expert Retained in Custody Case
FORM NO. 13: Custody Proceeding Examination of Social Worker
FORM NO. 14: Custody Proceeding Examination of Clinical Psychologist
FORM NO. 15: Custody Proceeding Examination of Family Counselor
FORM NO. 16: Custody Proceeding Interstate Jurisdictional Dispute Examination of Ex-Wife
FORM NO. 17: Custody Proceeding Examination of Private Investigator
FORM NO. 18: Custody Proceeding Examination of School Teacher
FORM NO. 19: Custody Proceeding Examination of Tutor
FORM NO. 20: Custody Proceeding Examination of Domestic Servant
FORM NO. 21: Custody Proceeding Examination of School Counselor
FORM NO. 22: Custody Proceeding Examination of Paramour
FORM NO. 23: Custody Action Examination of Parent Claiming Abandonment of Child
FORM NO. 24: Action for Enforcement of Visitation Order Examination of Parent Allegedly Violating Order
FORM NOS. 25-40: [Reserved]
Family.05 Property Proceedings
[1] Generally
[2] Distribution of Property
[3] Characterization of Property
[4] Valuation of Property
[5] Illustrative Depositions in Property Proceedings
FORM NO. 41: Expert Examination:Certified PublicAccountant
FORM NO. 42: Tracing Property - Expert Examination: Certified Public Accountant
FORM NO. 43: Transfer of Marital Property- Examination of Spouse Claiming Improper Transfer
FORM NO. 44: Expert Examination: Real Estate Appraiser
FORM NO. 45: Valuation of Closely-Held Corporation or Other Family Business
Expert Examination: Business Appraiser
FORM NO. 46: Equitable Distribution of Marital Estate
Seperate Wealth and Spouse Seeking Employment
FORM NO. 47: Third Party Beneficiary Action
Examination of Husband Claiming Beneficiary Status in Wife's Purchase of Land with Seperate Property
Examination of Petitioner
FORM NO. 48: Promissory Estoppel Action
Examination of Wife Claiming Promissory Estoppel Based on Husband's Promises regarding Division of Estate
Examination of Petitioner
FORM NO. 49: The Alter Ego of a Corporation ('Piercing the Corporate Veil')
FORM NO. 50-55: [Reserved]
[6] Marital Property Agreements
FORM NO. 56: Enforcement of Marital Agreement Examination of Wife's Attorney Who Drafted the Agreement
FORM NO. 57: Enforcement of Marital Agreement-Examination of Wife's Attorney to Determine Whether Agreement is Unconscionable
Family.06 Marriages
[1] Common Law Marriage
FORM NO. 58: Establishing a Marriage Examination of "Spouse" Who Opposes Common-Law Marriage
[2] Putative Marriage
FORM NO. 59: Putative Marriage Action Examination of "Spouse" Claiming Putative Marriage
Family.07 Marital Torts
[1] Assault and Battery
FORM NO. 60: Assault and Battery Action Examination of Spouse Claiming Assault and Battery
FORM NO. 60A: Action for Divorce: Assault and Battery Actual Examination of Petitioner-Wife Claiming Assault and Battery
FORM NO. 60B: Action for Divorce: Assault and Battery Actual Examination of Petitioner-Wife Claiming Assault and Battery
[2] Conversion
FORM NO. 61: Conversion Action Examination of Spouse Accused of Converting Other Spouse's Separate Property
[3] Defamation
FORM NO. 62: Defamation Action Examination of Spouse Accused of Defaming Other Spouse Regarding Adultery
[4] Interference with Custody
FORM NO. 63: Interference with Custody Examination of Parent Claiming Interference
[5] Invasion of Privacy
FORM NO. 64: Tort Action between Spouses Examination of Wife Claiming Husband Invaded Her Privacy
[6] Malicious Prosecution
FORM NO. 65: Tort Action between Spouses Examination of Spouse Claiming Malicious Prosecution
[7] Abuse of Process
FORM NO. 66: Tort Action between Spouses Examination of Spouse Claiming Abuse of Process
[8] False Imprisonment
FORM NO. 67: Tort Action between Spouses Examination of Spouse Claiming False Imprisonment
[9] Infliction of Emotional Distress
FORM NO. 68: Tort Action between Spouses Examination of Spouse Claiming Infliction of Emotional Distress
[10] Stalking
FORM NO. 69: Tort Action between Spouses Examination of Spouse Claiming Stalking by Other Spouse
[11] Sexual Disease Transmission
FORM NO. 70: Tort Action between Spouses Examination of Spouse Claiming to be Infected with HIV by Other Spouse
[12] Spoliation of Evidence in Tort Actions
FORM NO. 71: Tort Action between Spouses Examination of Wife Claiming That Husband Destroyed Evidence
[13] Fiduciary Duty
FORM NO. 72: Establishing a Fiduciary Duty or Other Similar Relationship Examination of the Defendant
FORM NO. 73: Breach of Fiduciary Duty Action Against Spouse: Damages and Division of Marital Estate Examination of Plaintiff
FORM NO. 74: Constructive Fraud: Sale of Marital Asset-Examination of Responding Spouse
FORM NO. 75: Constructive Fraud: Improper Conveyances and Excessive or Other Improper Gifts Examination of Responding Spouse
FORM NO. 76: Waste: Examination of the Responding Spouse
FORM NO. 77-83 [Reserved]
Family.08 Nonmarital Torts
FORM NO. 84: Tort Action Against Parent for Minor Child's Conduct: Automobile Accident Examination of Parent
FORM NO. 85: Tort Action for Sexual Assault by Minor Against Parent for Minor's Conduct Examination of Parent
FORM NO. 86: Parental Immunity: Action Against Parent by Minor Child Examination of Parent
FORM NOS. 87-96: [Reserved]
Family.09 Damages
[1]Attorney's Fees and Case Expenses
FORM NO. 97: Action for Recovery of Attorney's Fees and Case Expenses/Costs Questions for Plaintiff
FORM NO. 98: Action for Recovery of Attorney's Fees Examination of Petitioner's Attorney Who is Seeking the Fees