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.
".. 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)."
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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