When couples settle their divorce matters early on, such as through mediation,
they can avoid many of the contentious court procedures that come along
with it. Today, most divorce cases settle long before taking the case
to court becomes necessary. However, depositions can still be an essential
part of the divorce process.
What Is a Deposition?
Simply put, a party or witness will be asked a series of questions by one
or both attorneys, intended to learn more about that person and to discern
the facts. Note that each deposition will also have a court reporter present,
who will record all of the statements made, and that can later be used
during the divorce proceedings.
We at CokerLegal have encountered many of the myths about what to do during
your deposition, many of them ill-advised. Let us set the record straight,
dispelling some of these myths, while offering some useful and practical tips.
1.Tell the truth.
Bending the truth, even slightly, is considered lying under oath. Since
a deposition typically takes place long before trial, there’s a
big likelihood that the truth will be discovered before trial and you
will be caught in the lie.
2.Listen carefully before answering the question.
Many of us begin thinking about a response before we have had a chance
to listen to the entire question. Sometimes it is due to nerves and other
times it is because we think we already know the answer. You might give
the wrong information or answer incorrectly, which can ultimately hurt
the outcome of your case. No one is being timed during a deposition, so
you should never have to feel rushed. Take all the time you need to answer
3.The other attorney is neither your friend nor your ally.
No matter how friendly the opposition may seem, remember that they are
not working for your best interests. They formulate questions to gather
information to use later to help their client, which is not usually helpful
to our case. Once you are done speaking, the other attorney might ask,
“Is there anything else?” in an attempt for you to add to
or amend a testimony. The fewer words in a deposition, the better it is
for you all around.
If you would like more advice about the deposition process or would like
to see what our legal team can do for you, do not hesitate to contact
CokerLegal for a free case consultation. We serve clients throughout the
Denton and Collin County, Texas areas.
Request your free case consultation by calling (888) 570-7899.