If I’m involved in a custody case but I live out of state and my ex’s lawyer wants to depose me, does he have to come to me in the state that I live?

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If I’m involved in a custody case but I live out of state and my ex’s lawyer wants to depose me, does he have to come to me in the state that I live?

My ex’ state has jurisdiction.

Asked on October 8, 2012 under Family Law, Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

ANd the court has jurisdiction over you being properly served with the matter?  And you are participating in the action?  Then yes, you need to appear and no he does not necessarily have to come to you.  You can ask the court for alternative ways to depose you via Interrogatories or even set up the depo via internet (webcams) or have another attorney depose you in the state in which you reside.  But the court can order you to appear in the other state.  Good luck.


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