What to do ahead of a divorce deposition?

Ahead of the deposition, tell your divorce attorney of any recreational activities that may concern the court. Your attorney will be able to appropriately address those situations. Talking to your lawyer is better than your spouse’s attorney bringing it up first.

Can a deposition take place with only a lawyer?

However, most of the time, the deposition takes place with only a lawyer. First, a lawyer asking the questions, as well as a lawyer representing the person being asked the questions. They are there to make objections when questions are asked that call for privileged matters or matters that are simply outside the scope of permissible discovery.

Can a person be deposed in a divorce?

Under the Family Law Rules of Procedure, no one outside the list above may be deposed unless the parties agree or the court orders it for good cause. The first step in preparing for a deposition is to give your attorney all of the facts. You can speak to your divorce attorney candidly because of your attorney-client privilege.

How is the cost of a divorce deposition determined?

Those are usually paid equally by the parties. A lawyer for each side will generally appear for depositions, and so the cost of your attorney will have to be factored in. The cost of the deposition is largely dependent upon how much time the deposition takes.

Can a spouse attend a deposition in a divorce?

Your spouse’s attorney may also videotape the deposition. Normally, your spouse can attend the deposition as well. Both attorneys can ask questions, although your attorney won’t ask questions unless it’s necessary to clarify a problematic answer.

How long does it take to prepare for a divorce deposition?

Remember, in a deposition, your answers under oath assume that you have already prepared and understand the questions. You can be held at trial to those answers. At the end of the deposition, you will be given a transcript, usually prepared within a few weeks. You will have a certain amount of time to review the deposition transcript.

Can a lawyer ask questions in a deposition?

Depositions are a discovery device, and as a result, there is quite a bit of leeway in what can be asked by the attorney.

When does a divorce case need to be filed?

However, a divorce case must be filed for an attorney to have the ability to set and schedule a deposition (although at any time one party can voluntarily sit down for a sworn recorded statement.) As a tactical matter, depositions are usually done near the end of the case before trial. This is for a couple of reasons, including: