Depositions: Seeking Information In Family Law Cases

Posted June 17, 2024

When potential clients enter our office, they are often unsure of the extent of their marital assets and liabilities, and those of their spouse’s. In the alternative, a client may feel very sure regarding the items they wish to prove to a Judge, but they do not yet have the information in hand. Many times, the information is not found in either parties’ Declarations of Disclosure, previously discussed here. What should you do if you need information?

A variety of tools and mechanisms exist to gather evidence in a family law case. These tools, and this process, are known as Discovery. In previous blogs, we discussed Requests for Admissions, Subpoenas for Production of Documents, and Family Law Form Interrogatories, and we will continue to discuss the variety of discovery tools in these articles. Another such tool is known as the “Deposition.”

What are Depositions?

A deposition is a person’s chance to put someone under oath and ask them questions directly to obtain their testimony about information needed to build their case. In summary, a deposition is out-of-court testimony. The information may help you locate additional information, clarify facts, and understand the deponent’s legal position.

The depositions are typically held in attorneys’ offices or conference rooms and they offer a structured environment, with the seriousness of an actual Court proceeding. They should not be taken lightly because the deposition transcript, and sometimes video recording of a deposition, can be used in a later scheduled trial to attack the deponent’s credibility.

Usefulness of Depositions in Family Law?

In divorce cases, Depositions may help you obtain details about assets, liabilities, income, expenses, and other important facets of the case. In child custody cases, Depositions may help you obtain details about the parents, caregivers, and other relevant individuals, and more specifically the parenting history, living arrangements, and relationship dynamics related to the child’s best interests. In domestic violence cases, Depositions are rare because of the Court’s mandate to quickly adjudicate the claims, but the information can help preserve the victim’s and the alleged abuser’s accounts of events that took place, and clarify proposed evidence provided.

The Deposition is much more important than fact finding, however. It shapes the trajectory of legal proceedings. These depositions sessions inform trial preparation, helping you identify key issues, develop strategies, and anticipate arguments that may arise during trial. Most useful is that the positive, or negative, information acquired helps inform settlement negotiations, forcing either side to reevaluate their positions and explore amicable resolutions to contentious issues.

Drawbacks of Depositions?

Of course, with all discovery tools, there may be reasons to not take depositions in a case. For one, depositions are quite expensive. They require the presence of attorneys, court reporters, and possibly interpreters or expert witnesses. The costs associated with preparing for and conducting depositions can add up quickly, especially in complex cases with multiple witnesses.

They are also time-consuming, may lead to delay of a case, and may create emotional exhaustion in an already stressful situation. Added to that pressure is the risk of perjury if your valuable witnesses, or you yourself, are deposed, creating weaknesses in your case.

It is important to know your rights, responsibilities, and options regarding the dissolution, child custody process, and/or domestic violence proceedings. Our family law team at Naimish & Lewis can advise you on this and other family law matters. To schedule an initial consultation with an attorney at our firm, please contact us.

Robert J. Allison, Esq.

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.