Can I Attend my Son's Deposition Hearing?

Q: Can a pro-se litigant take a deposition?

Yes, a pro-se litigant can take a deposition. They have the right to question witnesses under oath as part of the discovery process. However, they must adhere to the same procedural rules that apply to attorneys, including proper notice and formatting of the deposition.

Full question:

My son is representing himself (Pro Se) in a child support court proceeding. Can I, a non-laywer, assist him at the deposition hearing?

Category: Courts
Subcategory: Attorneys
Date: 04/07/2025
State: Maryland

Answer:

Only a licensed attorney can represent a person in a legal proceeding. A person who is not a licensed attorney may be subject to a charge of unauthorized practice of law by attempting to give another legal advice. However, it is possible that the hearing officials have discretion to allow you to accompany your son for moral support.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a pro-se litigant conduct a deposition?

Yes, a pro-se litigant can conduct a deposition. This means they can ask questions of witnesses under oath. However, they must follow the same rules and procedures as an attorney would during the deposition process. It is important to be familiar with the relevant rules of civil procedure in your state to ensure the deposition is conducted properly.

Why are legal assistants not allowed to conduct depositions?

Legal assistants cannot conduct depositions because they are not licensed attorneys. Only licensed attorneys can represent parties in legal matters and perform certain legal tasks, including conducting depositions. This restriction helps ensure that legal proceedings are handled by qualified individuals who understand the law and courtroom procedures.

Who is more powerful, an attorney or a lawyer?

The terms 'attorney' and 'lawyer' are often used interchangeably in the U.S. However, an attorney is a lawyer who has passed the bar exam and is licensed to practice law. Therefore, an attorney has the legal authority to represent clients in court, making them more powerful in legal proceedings compared to a lawyer who may not be licensed.

What is the success rate of representing yourself in court?

The success rate of representing yourself in court varies widely depending on the case type, complexity, and the individual's understanding of legal procedures. Generally, self-represented litigants may face challenges due to a lack of legal knowledge and experience. Studies suggest that individuals with attorneys tend to have better outcomes than those who represent themselves.

Can a pro-se litigant take a deposition?

How to defend yourself in a child support case?

To defend yourself in a child support case, gather all relevant financial documents, including income statements and expenses. Understand the child support guidelines in your state, and be prepared to present your case clearly. It may also be helpful to research legal precedents and procedures related to child support to effectively argue your position.