DEPOSITIONS
Either party make may a demand to
take the deposition of the other party or third party during a divorce
proceeding. You should understand that a
deposition is an important part of a divorce action and you should prepare for
it.
Opposing counsel has to schedule
your deposition. There are certain
procedures and pitfalls to avoid.
- WHAT IS A DEPOSITION? A deposition is your testimony under oath usually taken with an official court reporter that records the proceedings and all questions and answers. Opposing counsel gets to ask the questions and your attorney can offer objections. The judge will not be present. Usually, the deposition is taken in one of the attorneys’ offices or at a court reporter’s offices.
- THE PURPOSE OF A DEPOSITION. There are four main reasons for that the opposing side would want to take your deposition:
a.
To discover what
facts you have in your actual knowledge and possession about the issues in the
case. In other words, they want to know
what your story is and what it will be at the time of the final hearing.
b.
To pin you down
to a specific story. This way you will
have to tell the same story at the final hearing. Through a deposition, they will know in
advance what your story is going to be.
c.
To catch you in a
lie to show at the final hearing that you are not a truthful person. This will cast doubt on your testimony,
particularly the crucial and contested points.
d.
To make you
nervous or stressed out about giving your testimony in court by asking you
uncomfortable and probing questions.
These
are very legitimate purposes and the opposing side has every right to take your
deposition. Correspondingly, you have
the same right to take depositions of the opposing party and all witnesses. These are decisions that you will need to
make with your attorney.
For
more information call Attorney Drew at (801) 871-2240 or visit
www.attorneydrew.com
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