Deposition Checklist:
Assets Examination Questions

Need to ask about assets of the person who is the adversary? Here is the deposition checklist of questions you need.  Assets examination is no longer just for divorce attorneys! Those occasions can arise not only in depositions of a judgment debtor, but also in depositions of an adversary before trial in several sorts of cases.
When asking questions about personal assets or recent transfers to hide assets,  this form's long list of deposition questions (18 pages!) quick-starts your preparation.

# 4014   Deposition Checklist: Assets Examination Questions gives you five big items:

• 18 pages of questions, in 22 categories. Assets Examination Questions gives you a questions checklist, a detailed outline that allows you to build your deposition questions for your case, in your situation, with confidence you are hitting all the items that are normal. (They never taught you how to do an asset examination in law school. 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!
   
• 6 pages of tips and tactics for you as the lawyer. Assets Examination Questions gives you tips. For example, these tips remind you that:
  

   ".. 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)."

  Tips and tactics like these add even more value to this Assets Examination Questions checklist form!
   

• Items for your notice of the deposition. The "tips for lawyers" section of this Assets Examination Questions form gives you a list of ideas for additional "bring with you to the deposition" directions to the deponent. 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 asset-related items to be brought to the deposition.
   
• Time.  A good legal form saves you time. You would spend more time an money creating even a rough draft of 18 pages of questions for the $26 that Assets Examination Questions costs. Don't reinvent the wheel, and don't waste time when you have more important things to do.
  
  
• Multiple Time and Mistake Saver. You can use the 18 pages of questions in three ways:

  First, you can use Assets Examination Questions as a comprehensive checklist of deposition questions.

  Second, you can use Assets Examination Questions as your own office checklist for potential investigation outside of formal discovery.

  Third, you can 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.

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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 a deposition checklist form with an exhaustive list of potential assets from which you can prepare the "exhaustive checklist" they recommend. You do need such a form, because of the time involved in making your own checklist from scratch. A form is a 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 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 attorneys!" Anytime you have a face a worried party who may be transferring assets, you need this form, with its log list of questions about assets and transfers of assets, as an added building block to your deposition questions.

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