Under the Alabama Rules of Civil Procedure, you may conduct various methods of "discovery," such as sending interrogatories or requests for production of documents, or taking your spouse's or witnesses' depositions. Records may also be subpoenaed from witnesses if necessary. Interrogatories are written questions that are served upon a party and must be answered in writing and under oath. Requests for production of documents are written requests that a party turn over certain documents, items or other physical evidence that are in his or her possession for inspection and copying by the other attorney. Again, these requests are under oath and must be responded to as completely as possible. A deposition is an opportunity to ask a party or a witness questions under oath. A deposition normally takes place in one of the attorneys' offices. The questions are asked in the presence of a Court Reporter, who administers an oath to the party or witness being questioned (the deponent). The lawyer then asks the deponent questions that may be used for preparation for trial or as evidence at trial. Typically not. In certain circumstances, discovery responses may be used to impeach a witness at trial, or in lieu of live testimony if the witness is not able to be present at the trial. Only under those circumstances will the judge read a deposition or discovery response. If your spouse's attorney seeks the discovery in compliance with the Alabama Rules of Civil Procedure and the questions being asked are not subject to an objection, then you may have to answer the discovery requests or be deposed as well. A lawyer may want to take a deposition for several reasons:
- - Wood & Shaw, LLC |
Alabama State Bar rules require the following on all attorney advertising: "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers." |