Family Law Depositions
John F. Nichols, Sr. and Joe Phillips
Price: $225.00 1200 pages. 1 Looseleaf Volume. Forms. Index. Updated annually or when needed.
ISBN-13: 978-1-57823-084-6 / ISBN-10: 1-57823-084-5
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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]Sample Dissolution Information Sheet
[b]Sample Family Financial Information Sheet
[c]Sample Information Sheet Regarding Children
[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
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
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: Destruction and Concealment of Property Cross-Examination of Petitioner-Wife by Her Own Counsel
FORM NO. 42: Opposing Proof of Business Records Re-Examination of CPA by Counsel for Respondent-Husband
FORM NO. 43: Dissolution Proceeding Examination of Real Estate Appraiser by Counsel for Petitioner-Wife
FORM NO. 44: Equitable Distribution: Establishing Separate Property of Wife Examination of Husband by His Own Counsel
FORM NO. 45: Same: Establishing Failure of Wife to Seek Employment Examination of Wife by Counsel for Petitioner-Husband
FORM NO. 46: Same: Division of Trust Property-Examination of Foreign Attorney by Counsel for Petitioner-Husband
FORM NO. 47: Valuation of Family Owned Closely Held Corporation Examination of Real Estate Appraiser by Counsel for Husband
FORM NO. 48: Valuation of Office Building Examination of Real Estate Appraiser by Counsel for Wife
FORM NO. 49: Valuation of Shopping Center-Examination of Real Estate Appraiser by Counsel for Husband
FORM NO. 50: Valuation of Stock in Auto Damage Appraisal Business Examination of Real Estate Appraiser by Counsel for Husband
FORM NO. 51: Valuation of Rural Property Examination of Real Estate Appraiser by Counsel for Wife
FORM NO. 52: Valuation of Minority Stock of Closely Held Corporation Examination of Real Estate Appraiser by Counsel for Wife
FORM NO. 53: Valuation of Stock in Pawn Shops-Examination of Appraiser by Counsel for Husband
FORM NO. 54: Valuation of Insurance Agency-Examination of Appraiser by Counsel for Wife
FORM NO. 55: Tracing Separate Property Examination of Petitioner-Husband’s Accountant by Counsel for Respondent-Wife
[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
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