Are depositions taken in divorce cases?
Yes. Depositions may be taken in divorce proceedings. Often a combination of document production and interrogatories does not produce all the information required and there must be a face-to-face session in which your lawyer asks questions of your spouse, or another person who is a potential witness. This is discovery because it is done before trial. Depositions are usually taken in the lawyer’s office. In a deposition a lawyer asks questions and the witness, who is placed under oath, must answer the questions. A court reporter is present and transcribes the proceedings in shorthand. You must answer the questions unless your lawyer instructs you not to. The side benefit of a deposition is that it may help to evaluate your spouse as a witness and it may be your first experience as a witness.
