Questioning/Discovery

[Headwaters1]

In my case conference it was ordered we can conduct questioning.

We've been waiting for the OCL to finish so I guess it has been put on pause. I had read that questioning is done in a room with a recorder keeper present.

I asked my lawyer and he said "yah we don't do that much anymore." ??

So can questioning be done in writing? Like a request for information Form 20?

I'm a bit confused by all this.

[LovingFather32]

In my case conference it was ordered we can conduct questioning.

We've been waiting for the OCL to finish so I guess it has been put on pause. I had read that questioning is done in a room with a recorder keeper present.

I asked my lawyer and he said "yah we don't do that much anymore." ??

So can questioning be done in writing? Like a request for information Form 20?

I'm a bit confused by all this.

I would appreciate some clarification as well. If you've been to my thread you know my ex's lawyer laughed at Form 20, told me it was only for Child protection issues and our case had no CAS involvement so it didn't apply. I read a post by Tayken saying that most LAO on certificates for some reason are not cognizant of this Form's purposes. FLIC didn't know .. file clerks had no idea what it was. Is it a request for ALL information or just financial stuff? Regarding "questioning" .. my CC judge ordered 2 hours per party to question and thhat all topics, etc had to be disclosed and agreed upon beforehand. SO I ask the same type pf question as Headwaters here. Applications just in at OCL here as well.

[Serene]

Are you referring to questioning in a trial?

[somethingelse]

Questioning is valuable. You can gain an understanding of what the party is going to say at a trial and how they respond: Are they evasive, do they lie, are they forthright? You can get some idea of what grounds they are opposing the application on. All of this helps in preparation for a later trial. Also, once they've answered in questioning (which is sworn testimony and recorded) they will look bad if they back away from it or contradict it later, in a trial. If they can't/don't/won't answer a question you can have them "undertake" to provide a proper answer within a certain amount of time. You can have them "undertake" to provide documents which may come to light, also in a set amount of time, ie: "You have stated that you are actively seeking employment and have applied for several jobs. Will you undertake to provide me with a record of your attempts to gain employment, by July 15th?" They might look bad if they say no.

[DontGiveUp]

Heading into trial, I wanted my lawyer to arrange questioning / discovery as well, since in my ex's court documents, she has made many claims about my parenting and how the children feel around me which are just false utter b.s. and Children's lawyer has disclosed no findings of such. Yet my lawyer is trying to avoid my request saying it is very costly to question. I assume it is still costly even if I were self representing?

[LovingFather32]

So exs lawyer probably preparing for a trial? I'll be in the 4%? Argh

[FB_]

So exs lawyer probably preparing for a trial? I'll be in the 4%? Argh

It's pretty standard to ask because if you don't you can't do it.

[LovingFather32]

It's pretty standard to ask because if you don't you can't do it.

Self - repper's are definitely on their playing field in this portion of the case. Ill feel like one of those guys getting grilled by trick questions on law & order. Luckily if I just tell the truth Im fine .. that makes it super easy for me. Why don't I believe its going to be super easy. Every verb, adjective and noun is recorded for him to decipher and twist around.

[DontGiveUp]

I think questioning / discovery is a perfect opportunity when your ex is making up crap in their court documents to call them on it and then call them on it again at trial and if there are any discrepancies, start chipping away at their creditability with the judge.

[annapurna66]

Not sure if this is helpful but I had Discovery during my case. I had to pay for my lawyer and for rental of room and stenographer (which was i think 1400...but you pay by the hour). I received a bound copy of the Discovery or questioning with each question and answer numbered. My lawyer asked for 32 undertakings from the other side(which I then had to compell them to fulfil via a court order) At the time, I had a lawyer...which I admit was very helpful. There is protocol on how you ask questions, what order you ask questions and what you can ask. My lawyer on many occasions told me not to answer an unfair question. If you are preparing for questioning....google deposition...which is an American term...but will yield helpful tips. The biggest tip was be honest and answer the question and only the question and if you don't know the answer don't try to fake it. Verbal diarrhea will get you in trouble. Depositions are often fishing expeditions...so be smart and alert. Not a fun process to be sure.

[Headwaters1]

Extremely helpful. Thank you



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[arabian]

excellent post annapurna66 - we don't often get actual trial information on this forum. Please keep posting!

[mememe]

My experience was the same as annapurna 66-----court reporter, etc......when the lawyer asked the same question at different times throughout the questioning and his answers changed.....useful. Also, it was interesting, and sad, to hear how much he had forgotten about my involvement in his practise. When it was my day for questioning, and I started listing everything......his lawyer was blown out of the water and asked me to stop. My lawyer intervened and said...you asked her the question. I feel that perhaps his lawyer also saw that his memory of things was not very reliable.

When he was questioned I wasn't supposed to talk or answer anything---so I had lots of scrap paper and I would write comments to my lawyer as he did questioning. At one point, they did ask me a question (although they are not supposed to) because he didn't understand the accounting of his practise......yes..... I was able to explain.

It is hurtful to hear what your ex may say..... but it is good for you to hear it and collect more documentation to dispute or support you.

[Headwaters1]

We are scheduling a settlement conference now and awaiting the OCL report. Would questioning only happen if we were going to trial? It was ordered at case conf but maybe they wait to see if we can settle first prior...


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[DontGiveUp]

Questioning is only relevant to trial but perhaps if you got your ex tangled up in their answers in questioning it might encourage them to settle.

I was wondering if anyone on here has self-represented and done their own discovery / questioning of their ex. How they prepared for it, went about it, and the result?