What is a deposition in a Carlsbad divorce and what steps should you take to prepare for any deposition in your case? A deposition is a somewhat formal question and answer process which is usually transcribed by a court reporter. The deposition begins with the party taking an oath to testify truthfully under the penalties of perjury, just like many of the situations you might see in a TV drama.
The deposition in a Carlsbad divorce usually takes place outside of the Courtroom in a conference room or similar location. Usually the Judge in your case will not be present. The parties usually present at a deposition are the court reporter, the person being questioned, their attorney and opposing counsel. You may be asked to bring documents which are relevant to your case.
Our clients are obviously concerned about a deposition in a Carlsbad divorce and what they will be asked. Questions in a deposition in a Carlsbad divorce case can focus on any aspect of the case, including but not limited to:
- Activities relating to the children and the amount of time spent with each child
- Issues surround assets and debts
- Specific information about any business or professional practice
- Details concerning earnings, commissions, bonuses, stock options (vested and unvested) and other financial issues
- Living expenses and costs associated with each child’s education, health, extra-curricular activities and religious practices
It is important to take the deposition and the oath seriously. Answer each question as honestly as you can. Listen intently to the entire question before answering. Our attorneys will help to prepare you for how to take notes during the question and to limit your responses to the context of the question itself. You must honestly answer the question, but it is not usually in your interest to expound too greatly as it can provide information which will ultimately be used against you.
How you comport yourself will be reflected in the record of the deposition. You don’t need to make small talk with anyone present. It is usually best to sit quietly and calmly until the deposition begins.
Remain polite, do not interrupt and take a moment to collect your thoughts prior to giving each answer. The record will not reflect the amount of time you pause to consider each response. If the question from opposing counsel includes a supposition or facts which are inaccurate it is appropriate to correct the record.
If you don’t know it’s ok to say so. Don’t guess or estimate if you aren’t sure. If you are making a “best guess” say so.
If you need a break it is fine to ask for one. When you need to talk with one of our attorneys ask for the court reporter to go “off the record.” In this way any side conversations will not be recorded. When you’re ready to continue you or your attorney will simply refer to being “back on record.”
To learn more details about the question “what is a deposition in a Carlsbad divorce and how should I prepare?” we invite you to protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.