Divorce Litigation –
Deposition Preparation
So, why is a deposition even necessary? Your spouse’s (opposing) counsel will take your deposition for three main reasons:
- To determine your personal knowledge of the facts and issues in the case. In other words, it is to learn your version of the matters involved in the divorce and what you will say in court.
- To lock you in to a specific set of facts so that you will have to tell the same version in court.
- To potentially catch you in a lie in an attempt to persuade the court that you are not a truthful person and therefore your testimony (what you say in court under oath) should not be believed on any of the points, particularly the crucial ones.
Being in a room with a bunch of divorce lawyers, your soon-to-be ex and a court reporter may not feel comfortable and it is normal to feel anxious. Keep your cool – take a deep breath and remember the following:
- Listen to the question – carefully. Now – read below.
- Only answer the question asked. Do not volunteer information.
- Just the facts please. Give the facts, as you know them. Do not speculate or guess. It’s better to say that you don’t know – if you don’t know.
- Don’t explain or justify your answer. The facts are what they are.
- Although it’s tempting – Do not argue with opposing counsel. He is not on trial – you are. Emotional responses may not reflect the truth of the matter and may make you appear out of control or irrational.
- Take a moment. Think about your answer. There is no need to respond quickly. The deposition will be scheduled for 3 hours – answering quickly will not make the process go any faster.
- If you don’t understand – say so. You are allowed to request that the question be repeated or rephrased.
- Did you hear the one about the attorney who…..? NO JOKES – Please. Humor or sarcasm will not translate on the written page. It will only hurt you. Think about emails and texts – it is difficult to convey emotion. It’s the same with depositions. A deposition is serious business – remember that.
- Tell the truth and only the truth. A lie or concealing fact will hurt you more than a truth that may not seem favorable. A truth can be explained – lies cannot.
- Finally – After the deposition – Do not chat with opposing counsel. They are not your friends. Do not allow good manners to cause you to drop your guard.
A deposition sounds unnerving. Remember the information above and you will be fine. If you have any questions about depositions or other matters relating to divorce litigation – please feel free to contact me.
Michael C. Craven is a well-known divorce attorney in Chicago, CPA and a partner of the law firm, Beermann Pritikin Mirabelli Swerdlove LLP. (Formerly of Beermann, now a Partner at Harrison LLP) located in the Chicago area. He is highly respected among other divorce attorneys, judges and his clients. He also holds a Master of Tax Law Degree (LLM). For more information about his services, contact Michael at mcraven@harrisonheld.com or at Divorce Lawyers Chicago
