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-   -   Divorce Deposition (https://www.askmehelpdesk.com/showthread.php?t=303747)

  • Jan 14, 2009, 10:54 PM
    mememe1111
    Divorce Deposition
    Are divorce deposition transcripts available to third parties? Here is the circumstance: I became involved with a married man prior to him being legally separated from his wife. Long story short, she sued him for his money, etc and used the affair with me as her way to win. Part of the process was that he was subpoena for a deposition. Although I wasn't involved in the particular deposition, much of the discussion was mainly about me and our affair. I was wondering if it was possible and legal for me to obtain the transcripts from this deposition as I would like to be aware of what was stated about me personally during the deposition.
  • Jan 15, 2009, 08:25 AM
    cjonline

    Why would you want it? Are you still involved with him?

    I don't think you can get a copy unless you have an attorney and you are called as a witness in the trial. Even then I'm not sure you can see what was said, Just because you want to. If you know the court reporter that recorded it then you can call and ask them if the will print you a copy or call the office of the attorney that did it (his wife's I assume) and ask them if you can get a copy or ask the wife directly. I think if falls under privileged information though. I can't see that you can get a copy without the wife or him giving it to you.
  • Jan 15, 2009, 06:19 PM
    cdad
    Quote:
    Originally Posted by mememe1111 View Post
    Are divorce deposition transcripts available to third parties? Here is the circumstance: I became involved with a married man prior to him being legally seperated from his wife. Long story short, she sued him for his money, etc and used the affair with me as her way to win. Part of the process was that he was subpoena for a deposition. Although I wasn't involved in the particular deposition, much of the discussion was mainly about me and our affair. I was wondering if it was possible and legal for me to obtain the transcripts from this deposition as I would like to be aware of what was stated about me personally during the deposition.
    Often a divorce case becomes a matter of public record unless it has been sealed by a court order. If the deposition was entered as evidence then you could get copies from the courts of the papers that were filed with the divorce. Otherwise the deposition is a private matter and you would have to get permission from one or both parties depending on the laws of your state.

    Why do you want a copy ?
  • Jan 15, 2009, 06:27 PM
    twinkiedooter

    If the deposition was not transcribed you cannot get a copy. If the original transcript was filed with the court you could get a copy from the clerk's office for the price of 25 cents a page (or some similar charge). Otherwise, you cannot have access to this deposition.
  • Jan 15, 2009, 06:27 PM
    JudyKayTee
    Quote:
    Originally Posted by cjonline View Post
    Why would you want it? Are you still involved with him?

    I don't think you can get a copy unless you have an attorney and you are called as a witness in the trial. Even then I'm not sure you can see what was said, Just because you want to. If you know the court reporter that recorded it then you can call and ask them if the will print you a copy or call the office of the attorney that did it (his wife's I assume) and ask them if you can get a copy or ask the wife directly. I think if falls under privileged information though. I can't see that you can get a copy without the wife or him giving it to you.


    Court Reporters cannot discuss testimony with third parties. A Court Reporter cannot even acknowledge that he/she knows about the matter.

    OP is a third party to the wife's Attorney and likewise cannot discuss this with OP.

    Boyfriend's Attorney, however, can provide copy to boyfriend upon request and boyfriend can hand it over.

    This person is a third party to the action and is not legally entitled to anything. I have never seen a transcript in a divorce file. Even if it were in the file, this is a third party, same rights as somebody on the street - no rights at all in this matter.

    Now, if the wife decides to sue for alienation or something, yes, it can come into play.

    From the practical side of this I don't know why you (as a third party) want to see the transcript. Your boyfriend swore under oath to tell the truth. The questions undoubtedly went to the length, extent, circumstances of your relationship. If he told the truth, as he swore to do, you already know what it is because you did and are living it.
  • Jan 15, 2009, 06:33 PM
    cdad
    Quote:
    Originally Posted by twinkiedooter View Post
    If the deposition was not transcribed you cannot get a copy. If the original transcript was filed with the court you could get a copy from the clerk's office for the price of 25 cents a page (or some similar charge). Otherwise, you cannot have access to this deposition.
    That's pretty cheap. The court system I went through was much more expensive and we are talking years ago. Each page had to be stamped by the courts as a legal copy. And yes it did say COPY.. lol
    If I remember right it was $1.50 or so per page.
  • Jan 16, 2009, 11:15 AM
    twinkiedooter
    Quote:
    Originally Posted by califdadof3 View Post
    Thats pretty cheap. The court system I went through was much more expensive and we are talking years ago. Each page had to be stamped by the courts as a legal copy. And yes it did say COPY .. lol
    If I remember right it was $1.50 or so per page.
    That's because it was stamped by the Court as a certified copy out of the court file. If you just asked for a "copy" instead of a "certified copy" it would have been the lower amount. I've gone to the courthouse and had many files copied but did not have them certified. Huge difference what you ask for and what you get. You might have had the clerk misunderstand you. Generally they don't just give out certified copies unless asked for due to the extra effort involved in stamping each page.
  • Jun 23, 2009, 06:26 AM
    reader5
    You should do everything possible to obtain the sworn testimony that involves you as "the other woman." You might find other women, if he is a cheater and a liar, and other salient information that might help you decide whether you should continue with this man. He is now an expert in divorce matters, and if you also become discarded, will be less likely to have a leg to stand on, especially without the dirt on him.
  • Jun 23, 2009, 07:20 AM
    cdad
    Quote:
    Originally Posted by reader5 View Post
    You should do everything possible to obtain the sworn testimony that involves you as "the other woman." You might find other women, if he is a cheater and a liar, and other salient information that might help you decide whether you should continue with this man. He is now an expert in divorce matters, and if you also become discarded, will be less likely to have a leg to stand on, especially without the dirt on him.
    You are replying to a post that is over 5 months old. Please try to look for the dates of the post and mine the information needed if the post isn't current.
    If you have a specific question then make a new post and we will be glad to address it.
    Thanks

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