Smarmy probably has been anticipating this potential move.. but oh my goodness, it's amazing what a lawyer can ask for prior to a deposition in a subpoena! The Jeep is a good one.
If you're committed to going to trial, you go in prepared. If Smarmy lies (and is caught it in it) does he lose his license?
It's funny in an odd way. Your spouse is the OW in her relationship with Smarm. Wonder what the light of day would do in that situation?
