Announcement

Collapse
No announcement yet.

discoveries

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • discoveries

    My Lawyer just informed me that my ex's Lawyer called her regarding qestioning. I heard many evil thinks about it. What should I expect. Has anyone gone through it? Any information would be greatly apprciated.

  • #2
    Discoveries are a two way street. If your subjected to a questioning session under oath, you can also cross exam the other party under oath.

    Most likely they want to question you in regards to financial information. So anything you claimed on your financial statement, provide the receipt. Have your bank records, bills organized etc.

    Best to be calm cool and collective. The questioning will be recorded for evidence.

    lv

    Comment


    • #3
      My Lawyer said questioning my wife is not necessary, since she doesn't have anything. Souldn't she at least ask her Lawyer what she has done to look for a job. etc..

      Comment


      • #4
        Quite frankly FBI, it was the most horrible part of my 4 year divorce. And one of the worst experiences I've had in my life. They use to call it discoveries, now they call it questioning I think it should be called interrogations. Every thing you say is recorded, remember you will be under oath. Then it all comes back later on to slap you in the face. I hope for your sake the ex doesn't have a slick barracuda lawyer or you will be sunk. They fire questions at you, it's all out of order, and basically try to trick you into saying something that will be used against you. I felt manipulated.

        I did mind 3 years ago, and then they wanted me to do it again, as obviously my finances, i.e. new job, and I was carrying the financial load. My lawyers also wanted me to do it again, and it was the only time I went against their advise and flatly refused. It ended up getting argued on a motion and thank god I won the motion, because I just couldn't do it again. The Judge said they could question me again through lawyer letters.

        Sorry for being so negative, but I think its better for you to go into this with your eyes wide open. Perhaps it was my personality, I'm sensitive and not great under pressure. You may be much better than I was.

        Good Luck.
        Grace

        Comment


        • #5
          Thanks Grace, I was wondering is there anyway I can avoid it. My Lawyer did say we can wright them a letter asking them what they want. However, when I went to court back in February they got a court order for questioning. They waited till today to let me know they want to proceed. Should I go with what my lawyer said originally or agree to the questioning?

          Comment


          • #6
            I definitely would go through with it. Reason being if the matter does go to trial, they can question you anyways. They could also serve on you a request to admit. I suspect they want to somewhat intimidate you by the procedure. You lawyer should be present to monitor to ensure that questioning pertains to the issues.

            They will probably question you on financial primarily as these issues are outstanding. Your lawyer should give you a coaching session before hand. Read your court documents to get a refresher of everything you have mentioned. You can be sure the other side has. Bring all documents receipts with you etc.

            lv

            Comment


            • #7
              No FBI, if they have a court order I think you have to do it. Make sure your lawyer prepares you, perhaps a mock examine so you know what to expect. Review all affidavits, financial statements and legal correspondence. Stick to the truth.

              Comment


              • #8
                yes, I have to go through examinations for discovery---I also call them interrogations, Grace(you know what they say about great minds ha). I was afer a full 4-5 hours of nonsense- i mean asking me questions about things 10 years before i even met my ex. i couldn't remember so the lawyer spouted "so you have a brain disease?. My lawyer said nothing until i mentioned it at lunch. the other lawyer told him to apolagize and he did-then he had it stricken from the record but i should have said nothing, ordered the transcripts and sud him for harrassment, among other things. I finally said i have to leave to take my son to karate but the lawyer said if i leave, he charge me with contemp. this went on for awhile later and it was adjourned til the next day!!!!!!!!!!!by the way, i fired my lawyer after that .
                so no it was a terrible time of bullying harrasment, feeling locked in and intimidation.
                Hopefully you're will go better

                Comment


                • #9
                  Hey Guys ....so sorry about the terrible neglect to my typing-i was getting angry just thinking about that entire interrogaton situation and I began typing too fast etc. but hopefully I got the point across. Thanks

                  Comment


                  • #10
                    I know the feeling GKTT, (no apology needed for your vent) once I knew they were trying to trick me, I started to take my time and think before I answered the questions. Then I got from the other side, "why are you taking so long to answering the questions, are you stoned", like there were trying to make me out to be a drug addict. This is how manipulative it can get, you apparently have a brain disease and I apparently have a drug problem.

                    Good Luck, FBI , keep us posted

                    Comment


                    • #11
                      grace, yeah we're two winners aren't we-a stoney bird and a selective thinker huh?!!
                      I guess we'll meet in rehab. don't forget your pi;;ow-I love a good pi;;ow fight ha.

                      Comment


                      • #12
                        Thanks guys for everything, it doesn’t sound like it’s anything to look forward to.
                        To make thinks worse I just received a call from my Doctor. I had a test done on my heart the other day, and now my Doctor informs me that they feel some of my arteries are blocked. They want to do an Angiogram This scares the living hell out of me, the stress I’m going through is killing me, and I definitely didn’t need this news.
                        I just called my Lawyers Secretary and informed her of my situation, I will be speaking to My Lawyer on Tuesday. I wonder if I can delay this due to my health. I just pray that I don’t have to do open heart surgery. That would devastate me.

                        Comment


                        • #13
                          HA GKTT, just make sure rehab is in-patient, frankly I could use the break, I have the pillow packed.

                          OMG, FBI my heart goes out to you. I hope everything turns out OK. I would try and have interrogations aka questioning postponed due to your health, or if not at least have an ambulance on stand-by .
                          Your in my prayers.

                          Comment


                          • #14
                            FPI,

                            Definitely, your health is important. Perhaps you doctor may order for you to avoid stressful situations or put a hiatus on litigation until your health has improved.

                            I would consult with your physician.

                            lv

                            Comment


                            • #15
                              Grace, yes, I could use a little breather myself; let's book early; I want to get in while the summers on, surf's up and sun is aglarin'. maybe we can find one with a pedicurist and manicurist. a massage always feels great after a long day of shopping. Do they sell souvenirs????Can't wait to get 'rehabed' ha.

                              Just for the recond, in case anyone takes our joke out of context---we're only joking; we're not making fun of people who need rehabilitation.

                              FPI: I would definitely aim for halting litigation right now; just take care of yourself. Don't think about heart surgery until you from definitely from your doctor. It's crazy what our legal system allows people to endure. Seriously, take it easy b/c you're no good to anyone if you don't. Ask your doctor about vitamines for your heart---I could list several right now but I don't want to say anything that may go against your doctor's advice. Demand to your lawyer that you need a break and get a doctor's not and medical records to present to court if necessary.
                              I'll say a pray for you tonight.

                              Comment

                              Our Divorce Forums
                              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                              Working...
                              X