Questioning in family law cases

Many family lawyers like to do Quesioning under the Family Law Rules. It is akin to doing an Examination for Discovery under the Rules of Civil Procedure.

The question for practioners is whether it is really worth it considering the expense associated with it? What are the parameters? Can not documentary disclosure be sufficient as are affidavits in the action? Is it really necessary to put the parties to the expense or can the information be elucidated at trial.

So let us say for argument sake we need to do the Questioning..how to conduct an effective questioning is the key.

I have done some that take more than a day and I still do not feel like I have all of the necessary information to move forward.

It seems to this writer that the Questioning really falls into 2 categories; the custody/access issues and of course the dreaded financials. I find that counsel needs all of the financials before going into the examination especially a sworn financial statement and a net family property statement.

If we are talking about a business owner I need on top of the personal returns the corporate returns with all of the schduelds, slips and attachments.

It is important to note that the schedules are particulalry important to question on for the purposes of determining what assets are being deducted because they should be added back for income purposes.

I find the most diffculy questioning is trying to peg a farmer down for income purposes...it seems as though the income is often tailored to meet the fiscal years income statement as opposed to real income earned. One needs to find out what assets are being depreciated, when the crops are sold, whether there are futures contracts or whether the crops are stored to be sold on consignment terms.

The other difficult income earner to peg down is the sales person or independant contractor who gets to deduct a lot of expenses from their income. Determining these expenses are important and asking for an undertaking to get the information.

Undertakings are key to the effective use of questioning. Without getting an undertaking for key information a very important reason to question is lost.

I find that older more experienced lawyers often try to deny providing an undertaking for information that I know I am entitled to. I found if you ask the opposing side for their reason for a refusal you will be given the information.

In the end, the effectiveness of the questioner will determine whether it goes well or is a complete waste of time.

Anyone with a war story to post, it is always appreciated.