How do you depose a trustee in MA if your case is in NJ

A

Amy574

New Member
Jurisdiction
New Jersey
I am in a post divorce litigation arbitration. The arbitrator is supressing the data proving the credit spendthrift trust set up in the separation period has been pierced> Additionally, it has been used to funnel funds from other trusts which were attested to court did not exist.

If I depose the trustee, in the state of MA, I am likely going to be able to prove a lot. How do I file an application with the arbitrator in this NJ case
 
Amy574 said:
How do I file an application with the arbitrator in this NJ case
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No one here has the slightest idea what procedures are applicable in your arbitration.

Amy574 said:
How do you depose a trustee in MA if your case is in NJ
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The way to obtain discovery in a state other than the state where the case is pending depends on the laws of the state where the discovery is sought. There are three basic types of statutes: (1) the discovery can be self-executing; (2) the discovery requires a court order that can be based solely on the application of the party seeking the discovery; or (3) the discovery requires a court order that must be based on a "letter rogatory" from the court where the case is pending (i.e., the court where the case is pending must ask the court in the other state to order the discovery). I don't know what the procedure is in Massachusetts. If you don't have an attorney, you're probably screwed (especially since your case being in arbitration complicates things a bit). If you do have an attorney, then your attorney either can research this or seek assistance from an attorney in Massacusetts.
 
zddoodah said:
No one here has the slightest idea what procedures are applicable in your arbitration.



The way to obtain discovery in a state other than the state where the case is pending depends on the laws of the state where the discovery is sought. There are three basic types of statutes: (1) the discovery can be self-executing; (2) the discovery requires a court order that can be based solely on the application of the party seeking the discovery; or (3) the discovery requires a court order that must be based on a "letter rogatory" from the court where the case is pending (i.e., the court where the case is pending must ask the court in the other state to order the discovery). I don't know what the procedure is in Massachusetts. If you don't have an attorney, you're probably screwed (especially since your case being in arbitration complicates things a bit). If you do have an attorney, then your attorney either can research this or seek assistance from an attorney in Massacusetts.
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after my fourth profoundly incompetent lawyer and hundreds of thousands of dollars to pay for unimaginable mistakes on their parts/i'm going Pro Se. but thank you. Yes,MA is rogatory. so that is super helpful thank you
 
Amy574 said:
after my fourth profoundly incompetent lawyer and hundreds of thousands of dollars to pay for unimaginable mistakes on their parts/i'm going Pro Se. but thank you. Yes,MA is rogatory. so that is super helpful thank you
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"zdoodah" provided you with an abundance of useful information.

I'm going to throw out a small, but potentially enlightening crumb.

Prepare for the person you wish to depose to resist you vigorously at the behest of the person or the funding source behind the trust.

It's always a challenge when your target is domiciled in another state.
 

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