During the divorce process, your spouse’s attorney may want to formally ask you questions before trial to get more information relevant to your divorce. Your attorney will similarly want to question your spouse. This is done in a deposition, which is an out-of-court procedure where an attorney asks a witness questions related to the case. Depositions can be very stressful, so it’s important to be prepared.
The Purpose of a Deposition
Depositions play a key role in the discovery process, helping clarify facts and uncover new details related to divorce cases. Usually, they occur after the parties have exchanged financial records and other documents and answered written questions. In the deposition, lawyers have the opportunity to question witnesses about documents they’ve submitted, as well as any claims or statements they have made. The answers can shed light on ambiguous or questionable evidence or reveal previously withheld information or issues needing further investigation.
While spouses are typically deposed in divorce cases, other witnesses with relevant information may also be questioned.
Deposition Proceedings
While depositions are similar to being on trial in court, there are differences. Typically, they occur in an attorney’s office, although they could be in the courthouse. Either way, no judge is present. Only the parties, their counsel and a stenographer who places the witness under oath and records the proceedings are in the room. If the witness is not one of the parties, the witness would also be in the room with his or her counsel.
Like a courtroom proceeding, witnesses are under oath and must answer truthfully in a deposition.
Attorneys are prohibited from asking harassing or badgering questions or trying to sway a witness’s response through leading questions. They must use open-ended questions that allow the witness to respond freely without being influenced by anyone else.
Note that in New York, depositions in matrimonial cases cannot exceed 7 hours without the court’s permission.
Preparing for Questions
Your attorney will explain the questions opposing counsel will likely ask you. One of the most important points is to be consistent in your responses. Your spouse’s lawyer will be looking for discrepancies between what you’ve said in prior statements and your answers to deposition questions. Inconsistencies hurt your credibility with opposing counsel and the judge, which can lead to additional discovery and protracted litigation.
If you made representations previously that are no longer true, let your attorney know and discuss how to handle it. Typically, you will need to acknowledge that the previous statement was untrue and explain why you made the mistake.
Deposition testimony is important to your case. You want a skilled attorney who can help you prepare and will conduct a thorough examination of your spouse and other witnesses.
If you are considering divorce, contact us to learn how we can help you achieve the best result in your case.
