 Deposition Checklist:
Assets Examination
Questions
The deposition checklist of questions you need.
Assets examination is no longer just for divorce, bankruptcy,
and collection attorneys!
Business lawyers and tort lawyers ask asset questions in depositions of an adversary before trial in
several sorts of cases, including those where a worried
defendant may be transferring assets.
When asking questions about personal assets or recent transfers
to hide assets,
this form's long list of deposition questions (20 pages!) quick-starts your
preparation. Plus a bonus 6 pages of legal tips and tactics for
you as the attorney.
# 4014 Assets
Examination Questions gives you five big items:
- A detailed, 20 page, question outline about the deponents
resources. Assets Examination
Questions gives you the solid detailed outline
that allows you to build
a hard-hitting deposition, in your situation, with confidence you are
hitting the asset items you want to know about. Assets include
anything tangible or intangible that is capable of being owned or
controlled to produce value. That's a lot of territory to cover in a
deposition, and that means you need this detailed, multi-page- question
outline.
- Emotional insurance that makes you confident! The professors in law school never
taught you how to do an asset examination. Don't be
subject to a claim of malpractice because you forgot a "standard
category" of questions about assets or transfers of property.) This
outline checklist form is a type of emotional insurance that makes you confident
as you go into the deposition!
- Pages of legal tips and tactics..
Assets Examination
Questions gives you tips that make you a power lawyer. For
example, these Real Value tips remind you:
".. hiding of assets after
commission of a tort can be an admission of wrongdoing. See, e.g., ...
Harmon v. Hass, 241 NW 70 (ND
1932)(transfer of property after auto accident admissible to show
consciousness of liability)."
- Improvements for your notice of the deposition. The "tips for
lawyers" section of this Assets Examination
Questions form gives you a list of additional ideas for your
directions to the deponent to "bring
with you to the deposition." If you are
taking a deposition in which you expect to ask questions about the
assets of the deponent (e.g., a Rule 69 deposition of judgment debtor,
or a Rule 33 deposition of a spouse in a divorce proceeding, or a Rule
33 deposition of a tortfeasor you suspect has hidden assets after the
tort) — you need to add to your normal notice of taking the deposition
these asset-related items to be brought to the deposition.
- Time. The benefit
you always need -- Time! This saves you time.
Trying to create even a rough draft of these 20
pages of questions, you would spend more
time and money than the mere $34 that Assets Examination
Questions costs. Don't reinvent the wheel that already
exists.
Assets Examination Questions is a
Triple Multiple Time and Mistake Saver. Use this form three ways:
- Use
Assets Examination
Questions as a comprehensive checklist of
deposition questions.
- Use
Assets Examination
Questions as your own office checklist
for potential investigation outside of formal discovery.
- Use this
Assets Examination
Questions as a
basis for drafting a set of interrogatories. The process of drafting
interrogatories will entail more customizing of the language of this
form, but still the form’s 18 pages of questions will save you hours of
drafting time. Or use the tips for lawyers in the bonus six pages to draft a better notice of taking the deposition on the subject of the
adversary's assets.
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today.
They never taught you how to do an asset examination in law school.
So you might try a CLE course but (1) you don't have time,
and (2) CLE courses for lawyers will tell you only that
if you are taking an asset deposition: "Prepare an exhaustive
checklist of potential assets to use for the exam and thoroughly
exam the debtor." Unfortunately these CLE courses usually do not
give you the checklist form with an exhaustive list of potential assets.
You do need such a form, because of the time involved
in making your own checklist from scratch. A form which
saves you lots of time, and minimizes the chance you will forget
to inquire on a "standard" type of asset. You add to the form,
or delete unneeded items, with a minimum of preparation time by
yourself.
This checklist targets the assets of an
individual, not the assets of a corporate defendant of
substantial size. When you are involved with finding the assets
of a substantial corporation, discovery will be a matter for
accountants and experts looking at books and records, not a
matter of asking whether John has transferred stocks to his
wife, or whether John has made a bulk sale contrary to state
statutes, or what is in John’s safety deposit box. This
checklist is for those times when the adverse party being
deposed is an individual, or a business owned primarily by the
deponent.
This is a "must-have" form for domestic relations attorneys and for an attorney
doing an examination of a judgment debtor. But, as we said at the top of this
page: "Assets examination is no longer just for divorce and judgment
collection attorneys!" Anytime you
have to depose a worried tort or contract party who may be transferring assets, you need this form,
with its long list of questions about assets and transfers of assets. It's a
valuable added
building block to your deposition questions.
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Assets Examination Questions, until midnight of ,
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