Depositions in Divorce Cases
Approximately half of all divorce cases settle at mediation or so informally. Sometimes, however, it will be necessary for your attorney to prepare your case for trial. Trial preparation will include discovery techniques that your attorney will utilize in order to obtain pertinent information from the other party to be used at settlement or trial of the case.
The Law offices of West Palm Beach Divorce Attorney, Jessica Mishali, has over four decades of experience in handling both complex litigation divorce cases and more routine matters. Even a case that might be considered routine requires utmost care to ensure that an accurate financial picture is obtained concerning your spouse's financial situation. We are careful to treat all our cases with the utmost care and professionalism.
There are several discovery techniques that can be utilized including interrogatories, requests to produce and depositions. Some discovery techniques such as mandatory disclosure which includes financial affidavits and the production of certain financial documents are required by court rule.Depositions
Your attorney may take the deposition of your spouse or other pertinent witnesses. However, your deposition may also be taken by your spouse's attorney. The following will discuss your preparation for your deposition by your attorney.
A deposition is the formal questioning of the witness under oath in the presence of the court reporter records both the questions and the answer is. Either side may order a transcript of the deposition from the court reporter. If a transcript is not ordered neither the court nor the attorneys would have a record of it for later use.
Your attorney will appear at the deposition with you and prepare you in advance to make sure that you are not mistreated. There are few rules to keep in mind concerning your preparation for your deposition. You should always follow your attorney's files regarding your testimony at a deposition your attorneys instructions will include the following:
- Keep all of your answers as brief as possible. If appropriate, a simple yes or no is okay and is often the correct response. You should never guess at the answer. If you do not know the answer to the question, it is perfectly okay to respond by saying you don't know.
- If you do not understand the attorneys question it is perfectly appropriate to ask the attorney to repeat the question or to rephrase it if you are even slightly unsure of the question.
- You must always tell the truth. If you lie in the deposition, a lie thereof could be prosecuted as a felony-perjury which is punishable by up to five years in prison.
- You should always allow the attorney to finish the question before you start to answer.
- You must answer the questions audibly because the court reporter is recording your answers. A nod of the head cannot be interpreted or recorded.
- Don't try to outwit the attorney will argue with the attorney. The attorney is better prepared to deflect your arguments. This will only hurt your case.
- If you lose your temper it will hurt your credibility as a witness. You must remain as unemotional as you can.
- Never guess that the answer to a question unless you are specifically asked to do so. If your guess is wrong it can be used against you at the trial of your case.
- You should not bring papers to the deposition unless your attorney has advised you to do so. Sometimes the other side will attach a subpoena to the deposition notice asking you to specifically bring documents.
- When answering a question you should wait and instant in case your attorney wants to object to the question.
The deposition is not the place where you should try to win your case. Sometimes, the less said the better. If you are not asked the question about some poor fact, did not try to present the facts yourself. You'll have an opportunity to present your evidence at trial.Contact a West Palm Beach divorce attorney
Please contact the Law offices of West Palm Beach divorce attorney, Jessica Mishali, and we will schedule a convenient time for you or contact us online.