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Preparing for a Divorce Deposition

Blog 2018 January Preparing for a Divorce Deposition
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Preparing for a Divorce Deposition

Posted By Stepniak & Park || 15-Jan-2018

If all other negotiations fail and your divorce appears to be headed for a litigated clash in court, there is a great possibility that you must face a deposition. A deposition is testimony given prior to trial, typically recorded in a transcript or video. Lawyers from both sides are able to ask a series of questions in order to gather evidence for trail. The answers are given under oath.

Remember, the purpose of a deposition is for the opposing counsel to obtain information to be used against you in court. They hope to discover any lies, omissions or inconsistencies in your story to prove you tend to lie, rendering your testimony invalid, including the vital answers. It’s imperative you provide reliable testimony, meaning you must exhibit honesty, accurate memory and detailed accounts of the facts you will describe.

The following are tips to help you prepare for your deposition:

  • Never lie. A discrepancy between deposition and trial testimony can be devastating to your credibility and integrity.
  • Remain calm and amiable. No matter how hard you are pressed, don’t lose your temper because that could be beneficial to the other side. Know that your own attorney is on your side to object any inappropriate questions or actions by the opposing attorney.
  • Listen to the question and understand it prior to answering. It is acceptable to request that the lawyer repeat or rephrase the question until you can provide an honest answer.
  • Pause and explain your answers clearly. Any “umm,” “uhh” and every audible response will be recorded in your transcription, so any of these “thought” words can make you sound as though you may be lying or don’t know the answers. It is fine to pause until you can formulate an appropriate response.
  • Don’t attempt to justify your answers. The statements you make should be facts, which doesn’t require any explanation. Trying to apologize or justify your responses could hinder your testimony's authenticity.
  • If mistakes occur, admit them immediately. If at any moment during the deposition you realize you have provided a wrong answer or have misspoken, make the correction as soon as the error is recognized. Either inform the opposing attorney of the error or tell your own lawyer.
  • Be careful of compound questions and questions beginning with words similar to “is that all?” The opposing side is trying to freeze your testimony, so phrases such as “to the best of my knowledge at the present time” is great response.
  • When in doubt, confer to your attorney. Your lawyer will be on your side throughout the entire process. If there is anything that you are worried about, seek their advice.

For an experienced Daytona Beach divorce attorney, contact Law Offices of Robert Stepniak today to schedule your free consultation.

Categories: Family Law, Divorce

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Toll Free: (877) 256-4750
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