If you are facing a divorce matter, you may be faced with a discovery tactic known as a deposition. These are conducted by your attorney as well as your spouse’s attorney, where testimony is provided by experts, witnesses, or the parties, under oath. This tool is documented by a court reporter, and may be used later in court. The purpose of a deposition is to obtain additional details that relate to your divorce case. Keep in mind however, depositions can be time consuming and may significantly increase your costs. This is why some question the necessity of depositions in divorce cases.
There are a number of instances where almost everyone would admit that depositions are necessary. This includes where a party did not fully disclose all relevant information through other discovery means such as requests for production or interrogatories. As noted above, you are placed under oath during a deposition, and the party being deposed must answer every question. Attorneys may raise objections where the court will rule on them later on, however, each party subject to a deposition must respond to the questions being asked of them.
Another reason why a deposition may be necessary is when there are several experts with differing opinions. For example, if one party is stating that he or she is unable to work, or there are questions as to what is in a child’s best interest, each spouse can rely on experts to testify as to their respective positions. Overall, a deposition allows your lawyer to obtain a full picture of the qualifications and analysis of each expert in order to prepare for trial.
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