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This is the third installment of the Legal Definitions Refresher – Divorce Edition. We hope you are finding definitions of some unfamiliar legal terms helpful!

Mediation – Mediation is a cooperative process involving you, your spouse, and a mediator, the purpose of which is to help the two of you, by applying communication and dispute resolution skills, define and resolve your disagreements, with the best interest of the child as the paramount consideration.

Deposition – A deposition is your testimony under oath. You will be asked questions by the opposing attorney and in some cases by your own attorneys, and the questions and your answers to them will be recorded by an official court reporter. There is little difference between testimony at a deposition and testimony in the courtroom, except that at the deposition there is no judge ruling over the matters as they arise. The judge may do so later. If we receive notice that your deposition will be taken by the opposing attorney, we will provide you with more detailed information about depositions at that time.

Interrogatories – Interrogatories are written questions directed to the other party regarding finances or other relevant information. They are used in preparation for trial to obtain information not otherwise available. Interrogatories must be answered under oath by the party to whom they are directed.

Subpoena – A subpoena is a document authorized by the court requiring a witness to appear and give testimony at the hearing or trial.

Demand to Produce – A party may request the opposing party to produce documents in the opposing party’s possession or control that are relevant to the issues of the action. Both notice of oral deposition and a subpoena can include a provision for production of documents. 

Agreement or Stipulation – A stipulation is a formal written agreement between the parties and their attorneys. It can cover any subject. Stipulations are used by the parties to agree on the provisions of a final judgment. If there is a stipulation or agreement regarding terms of the final judgment, the divorce is considered to be a “default” divorce. Default divorces in which there is a stipulation or agreement are less complicated, less costly, and scheduled more quickly than contested divorces.

As always, for individual advice regarding your specific legal situation, please contact us directly at LaRowe Gerlach Taggart LLP, Reedsburg, at 608-524-8231 or see our website for more information.

 

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