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Deposition Necessary?

My wife and I are in the midst of a long (15 months +) rather contentious divorce. Her lawyers took my deposition last week. My lawyer and I are due to take hers this week. My deposition was pretty unremarkable – no real bombshells.

My lawyer called this morning to suggest we may not really need my wife’s deposition. From the questions I was asked, we got a pretty good idea of what their tack will be in settlement discussions. We also aren’t really looking for any particular information from my wife. We have what we need to support our position in negotiations, or, if it comes to it, at trial.

It seems like kind of a no brainer to cancel the deposition, save c$1,500 in the process and possibly continue to lower the level of acrimony in the process.

Does anybody think it would be a bad idea in the circumstances to cancel the deposition?

Thanks alot.

If you trust the lawyer, go with his/her advice. Makes sense that if you are not looking for something in particular then no need to waste the money. Depositions are often used by lawyers and clients to run up the other client’s legal bills. If something else comes up in negotiations you can always go to trial and your attorney cross examine her.

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