Divorce Deposition Tips
By Henry F. Lewis on September 10, 2019
Depositions can be stressful, especially if you have never taken part in one before. While the deposition is not done in court, you are under oath and the testimony is recorded, which means it’s admissible in court. Knowing the do’s and don’ts of divorce depositions can help reduce stress and ensure your side is heard, which is why Oakland, CA divorce attorneys Michael A. Gardner and Henry F. Lewis offer their clients ample insight into the process.
The legal team at Gardner & Lewis, LLP would like to offer some advice for people facing a deposition in a divorce proceeding. These tips should help you prepare and remain calm even during lengthy proceedings.
Prepare with Your Attorney
Be sure to discuss the deposition process with your divorce attorney. They can go over the various questions that may be asked, and help you understand how to answer them. You can even practice answering the questions you’re likely to face, which can avoid plenty of anxiety heading into the actual deposition.
Don’t Suddenly Present New Information
During the deposition, do not present any information that your attorney is not aware of. Surprises can cause many unforeseen circumstances that undermine your side. This is one of the reasons why preparing ahead of time is so important.
Whatever the circumstances of your case may be, we always advise clients at our Oakland law firm to be honest. Never lie while under oath, and be upfront with our team about the reality of your situation.
Answer Only What Is Asked
When answering questions in the deposition, only answer what the other attorney asks you. Do not volunteer additional information as this could be used against you in unexpected ways.
Ask for Clarification Whenever Your Need It
Questions are not always worded clearly, and the ambiguity could be an attempt to make you disclose unintended information. If you are not clear what is being asked, do not hesitate to ask for clarification.
Bring Relevant Documents
Certain documents and records may be asked for during the deposition process. Prepare these ahead of time so they can be produced and presented during the deposition. Your lawyer can give you an idea of what documents you should bring.
Be Respectful at All Times
While depositions can be stressful and the line of questioning strenuous, it’s important that you remain composed and respectful at all times. Avoid outbursts, and treat this testimony as if you are actually in court.
Dress for the Occassion
While you may not be in court, it’s important that you dress as if you are going to be in court. Find a good shirt, pants, and pair of shoes in your wardrobe that would be appropriate for a business meeting, and avoid just showing up in a t-shirt, jeans, and sneakers.
Be Well Rested Before the Deposition
Depositions can last for hours, which is why it’s important that you get a lot of rest the day before. Eat good meals and get a good night’s sleep headed into your deposition so you can be sharp and clearheaded.
Ask for Breaks When Needed
Since depositions can take a long time, we advise our Oakland clients to request breaks if needed. This can be as simple as asking for a chance to have a drink of water or giving yourself a moment to step out of the room to stretch and ready yourself for further questions.
Learn More About Family Law Issues
For more information about divorce depositions and other matters related to the dissolution of a marriage, contact our experienced team of divorce attorneys. You can reach Gardner & Lewis, LLP by phone at (510) 451-4822.
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“The needs of your family are always at the forefront of our legal services. Whether through litigation or mediation, we believe that reaching a fair, efficient solution with minimal negative impact to your family is of the utmost importance.” Henry F. Lewis