Are you going to participate in a deposition during your divorce procedures? If so, you’ll want to be ready. Here are the ten most important tips for preparing for your deposition.
- Depositions are not conversations – They are formal, legal proceedings. Resist the urge to “tell your story.” The time to tell your story is at trial with a judge present to hear you.
- You cannot win your case at your deposition – But you can help to lose it. Don’t help opposing counsel with unrelated details. Give them only what they ask for, while still telling the truth.
- Think before you answer – Listen to the question – make sure you completely understand the question before you begin to answer it. You can ask that the question be repeated, or restated. Take your time.
- Keep your answers short – When you give lengthy answers you are revealing more information and giving opposing counsel ideas for more questions.
- Never guess. “I don’t know” and “I don’t recall” are perfectly good answers. If you say “I don’t recall” you may be asked if there is anything that can help you remember. Be sure to think before you respond. It may be that documents can refresh your memory.
- Never say “Never” – Eliminate adjectives like “never” and “always” from your vocabulary.
- Do not volunteer information – If there is silence, do not fill it in with talk. Don’t attempt to explain or justify your answer. Give the facts as you know them and stop.
- Don’t get angry – When you become angry you risk revealing too much information and may send a message that you are not well-prepared to be a witness. If you need to take a break to compose yourself, do so.
- Stop talking when your attorney “objects”. There are important reasons for your attorney’s objections. You may still be permitted to answer the question, but wait to be told.
- Confer with your attorney – You have the right to confer with your attorney privately, off the record, regarding the question and any proposed answer. Do not hesitate to exercise this right.
The purpose of the deposition is to prepare your ex’s case and to give them as much information possible about your case from your perspective. Tell the truth, but follow these tips to help protect yourself.
