Divorce is a very stressful and arduous time to go through for most people, even without dealing with the legal system. If it becomes necessary to provide a deposition, that may add to that stress. The more you understand the process, the less intimidating it will seem and the more at ease you should feel during your deposition with a skilled court reporter Manhattan relies on.
What is a Deposition?
A deposition is a part of a lawsuit’s discovery process. Essentially, a deposition is a question and answer session lead by the other party’s attorney. In a divorce, there is a lot of information that can get left out when you’re relying on documents to prove certain facts. As a result, a deposition can help the parties reach a settlement.
- Both sides have the right to a deposition, which takes place out of the court and not in front of a judge.
- They usually take place in a lawyer’s office.
Why Are They Necessary?
Not every divorce case requires a deposition. If it’s a simple matter and there are no arguments as to the facts, there may be no need for one.
- Depositions are common in cases where there are arguments over validity in a person’s account of anything from their finances to extramarital affairs.
- The questions often revolve around the desires of the opposing party and their income.
Who Goes to the Deposition?
The court recorder, the lawyers, and the despondent must be present for the deposition to happen. You can be at your spouse’s deposition, as well as any party named in the legal suit or matter. There are times when a party can request that someone not be allowed at a deposition. For that request to be honored, they must make a good case for this. In a divorce deposition, you would be there as well as your lawyer and the opposing lawyer, who will be asking you questions to get more details on a given situation.
Declining an Answer
A deposition is not usually like the ones you see in the movies. It’s rare that you are allowed to refuse to answer a question, and most questions are allowed to be asked.
- The exceptions are if the attorney is overly aggressive or rude, or if the question isn’t worded correctly. In that case, they would merely have to reword the question, and you would still have to answer.
- If you refuse to answer, the opposing counsel can ask for the court or judge to intervene and require that you answer or you will be held in contempt of the courts.
Telling the Truth
It’s just as important that you tell the truth during a deposition as it is to tell the truth in court. Before anyone asks you anything, you will be told that you must tell the truth, and doing otherwise would be perjury. It is of the utmost importance that you tell the truth.
If you have questions about an upcoming deposition it may be helpful to request time with your attorney to review them. If you do not have legal representation and will be a plaintiff or defendant, contact a family law or divorce lawyer for a case review. A lawyer can protect your rights and be present during your deposition.
Thanks to our friends and contributors from Capital Reporting Company for their insight into depositions.