Legal Questions!

I hope there are some lawyers or legal eagles that can help me.

I have a two part question

I'm going through a divorce and will be going to court next Thursday.
I just thought of someone that I would like to be a witness.
Is there a certain amount of time that I would have to serve this person?
Do they need say - two weeks? Or can you subpoeana them up to the day before court?

And this is what really is irking me. I know that if my soon to be ex-s email were read, it would prove that he was a cheater.My lawyer would not pursue this, saying that their is some new landmark "privacy email" law. I have argued with my lawyer on this and believe this lawyer is wrong.
Anyone?

 

If the email is private at a residence it can still be subpoenaed.

 

I don't understand? The computer is at his residence, so that means I can get it????

 

yea bc when i was talking to cops and a lawyer at one time, they both told me to hand on to it all! That I would be able to use it if needed, bc it had both proof of him cheating and making threats to me!

 

Your attorney can subpoena that machine.

 

For what it's worth and it may be to late now. I would have done a deposition.

 

The lawyer was willing to take his computer?
Dang! Why wouldn't mind do this!

 

How many depositions can a person do?
Can I request another one?
I know I sound stupid, but is it to late, to do "another round"?

 

well they took what i had printed, if we had of taken this all to court then they could of taken his computer and mine and got info off there! thank goodness it didnt get that heated and he finally left me alone!

 

Okay... so my lawyer can request his computer TODAY...
We then can see his emails to HER.
Is this correct?
If so, I'm calling my lawyer right now.
Thank you

 

I'm not a lawyer. The deposition would catch any future lies.

 

Well not if he erases his hard drive. Do all of the yahoo type accts keep the emails you delete? I'm guessing they do, but I'm also guessing you have to supeno them for it.

 

Thats what I was told whether it was right or wrong I dont know bc I didnt have to go that far with him

 

<~~~~Technical Superfreak. If he erases anything I can get it back.

 

Poor girl may need a new lawyer. She mentioned a court date next week and she has this many outstanding questions. I might put my time into finding new legal counsel (aside from this board)!

 

Ok, here's my opinion on the computer, take it for what it's worth...

If you're trying to use email from his personal computer as "proof" that he was cheating, any lawyer worth his salt will immediately use the argument that you had access to the computer and could have falsified the emails in an effort to frame him.

You would have to prove to the satisfaction of the judge (and jury, if there) that you could not possibly have had access to his computer and email.

 

But, we are living apart now.
I just thought that all this time, my attorney should have demanded his computer.
Regarding the hard drive, I don't know. I don't think he's smart enough to think of that, but who knows.
I think this is going to be next to impossible.
They would have to get the emails from his Yahoo (if that's what he's writing under, and that would take a court order I'm guessing)
I think I was misled by a horrible lawyer.

 

Thanks Lee,
I'm clearly drained financially. I don't know, I do know for sure one thing, never marry AGAIN!

 

scary thought...
(must remember to only look up questionable things on public computers...)

 

Well you may be worrying over nothing. North Carolina is a NO FAULT state. Unless you have Video of the act there is nothing you can do. Sorry for having to tell you that.