I'm not an expert on anything except the case I have against an architect I am suing. His lawyer has asked me to tell him all the sources I have used for gathering all the facts we have against his client, and I have refused to do so unless he deposes me, figuring that's his job to spend time and $ gathering facts just as I did. So, if he wants to depose me, can I charge him a fee? What do I need to do to allow him to depose me? I don't work outside the home, but isn't my family life time valuable to me? If so, what? How do I word this response to the lawyer's request?

N0help4u

Sounds like a conflict of interest to me.

smearcase

What's your lawyer say? I am not a lawyer but I think you have to disclose all the evidence and probable witnesses etc, that you are relying on, to the the other side before trial. He can prob subpoena you to a deposition. There is a good writeup in Wik for dpositions.
The little experience I have in being deposed, I know one thing they try to cause is for you to get angry, so you say things you normally wouldnt say. Then they will quote your possibly unprofessional comments in the full court. You need to discuss with your lawyer!

excon

Hello w:

Sure, your time is valuable.... But, YOU'RE the one whose doing the suing. He should have an opportunity to prove his case without having to pay you to do it.

You can't get your expenses for suing other than your legal ones. And, even if you win, you probably won't get those either.

excon

twinkiedooter

Sorry, since you are the one who brought the suit you cannot expect to get paid to give a deposition! You will have to disclose all your sources prior to the trial anyway so what's the big secret going on? It has to come out prior to the trial anyway or you will be held in contempt for not forking over the exchange of documents or quite possibly the Judge could dismiss your suit due to the nonexchange of documents.

JudyKayTee

Are you representing yourself?

Anyway, no, you can't be your own paid expert witness.

wallabee4

Follow-up: This is small claims (no lawyers will be allowed n court, but you can use a lawyer to get your exhibits etc. together. And you give the defendent a copy of your stuff when you are AT court, you aren't required to give it beforehand) and I guess my question is why should I have to hand over for free the information it has taken me quite a bit of expenses and time to gather? The defendant isn't bothering to take the time out of his life, he's throwing money at an attorney ($ I don't have the luxury of). So if they want my info, and the lawyer won't talk to me by phone, can I at least charge them the cost of paper and/or copying and my postage? Or can I just ignore their requests and wait to give it to him in court?

Fr_Chuck

All they have to do is present a motion in court demanding a copy of the evidence you are going to present. So they don't have to make you go and testify for the info, they merely order you to. if you don't provide them the evidence you can't use it in court. ( if they request a copy of it)

Depending on the request, they may be happy you won't give it, since it may stop you from using it in court. Many people lose cases every day, by not having an attorney when the other side does.

JudyKayTee

It's the cost of pursuing your claim - at other levels the Defendant may be ordered to pay Attorney FEES but not Attorney COSTS (discovery costs).