Depositions in Divorce and Paternity Actions

What is a Deposition

A deposition is a question-and-answer session you (the deponent) will have with an attorney in the divorce or paternity case.  Depositions are a chance for the opposing attorney to speak with you (or an interested witness) and ask questions about you and the case, something they cannot normally do if you are represented by an attorney.  During a deposition, the attorney finally gets the chance to ask questions directly from the source—the deponent-- and they must answer them, unless their attorney instructs them not to answer the questions. While the deposition is ongoing, a court reporter will be present to record the question-answer session, and they will usually not only record the session, but will be typing during the deposition, using a process called stenography.

The process itself is somewhat of a formal one, and you will be under an oath when you answer the questions.  You must answer truthfully if you know the answer, and you must ensure your answers are truthful and respond directly to the questions.  It is important that you prepare for your deposition, and insist on speaking with your attorney before your deposition.

Types of Deposition (Virtual and In-Person)

There are 2 types of depositions: Virtual Depositions and In-Person Depositions.  You will find out the type of deposition in the Notice of Taking Deposition, a notice you will receive soon after the deposition is scheduled.  The Notice will be your go-to in determining how to prepare for the deposition—Will it be in person? Will you have to bring documents? Will you need to have a computer with working internet?  Some depositions that are in-person or virtual, will be recorded with audio visual technology.  This means your responses to the questions are not the only thing you will be judged on in the future, as your tone, your facial expressions and overall response to the question will be important.

Depositions can take place in the courthouse, at an attorney’s office, or at a court reporter’s office.  It is important to know the location before you go, because the location of your deposition might impact how you prepare for the deposition.  For instance, if you are taking a deposition at an attorney’s office, you might want to coordinate with your attorney what to do when you arrive—Do you wait in your car until you see your attorney?  Do you go into the office and wait in the lobby?  What do you say to the other attorney before your attorney gets there?  Likewise, if you are to take your deposition virtually, you need to coordinate whether it is better to have a computer or a phone, whether the children be in another room while you are being deposed, or what to do in the event of a bad internet connection.

What Can you Expect During Deposition

You will need your drivers license with you to identify yourself, and after you show it to the court reporter, you will receive an oath from the Court Reporter.  The attorney will then begin the deposition, and will go over ground rules and expectations you might have during the deposition.  The attorney will most likely ask you if you are under the influence of any medication which might hinder your ability to give a truthful and accurate statement, and what medications you take.  The attorney will explain what to do if you need to take a bathroom break, ensure you have no one else present with you, and will instruct you to answer the questions pending before you take a break.    

Make sure you review the documents filed in your case and review the discovery you provided.  There will be questions about this during the deposition, and you will not be able to rely just on your memory. 

Examples of Common Questions

• Where do you live? Who do you live with? How many bedrooms are there?

• Where do you work? How much do you make? What is your work schedule?

• Do you have a girlfriend or boyfriend? Provide their name and contact information.

• Is the other parent a good parent? If not, why not?

• Describe the routine of the child, and the names of the teachers, doctors, etc.

• Tell me why a 50/50 schedule is not in the child’s best interests?

• Tell me why you have not paid child support to date?

Objections During Depositions

Your attorney will be making an objection during the deposition.  When an attorney makes an objection, STOP talking.  Your attorney will tell if you if you should still answer the question, and most times you will still answer the question.  This part is confusing to most people who are not attorneys, but remember to ask your attorney if you should still answer the question. 

Terminating Deposition

Depositions can sometimes be pretty dramatic and emotions can run high, and not just with the parties.  Sometimes attorneys are the problem in depositions, and they try to make the deposition as difficult as possible.  They may interrupt you, they may ask you a confusing and complicated question on purpose, they may talk to you in an aggressive tone, and may make comments to your attorney that are rude and demeaning.  When an attorney misbehaves, the other attorney may be able to terminate the deposition and go see the Judge to get the bad behavior to stop.  When the deponent is refusing to answer questions, or saying they “cannot recall” throughout the deposition, the attorney may also be able to terminate the deposition so that the questions they are seeking can be certified before the Judge and the deponent ruled to answer.  If there is concerning behavior during the deposition, ask your attorney if it is enough for the deposition to stop.

Reading Versus Waiving

At the conclusion of the deposition, the Court Reporter will ask the deponent if they would like to read or waive their right to read the deposition transcript.  They will expect an answer at the end of the deposition, and usually most folks answer that they would like to read first.  This means that the Court Reporter will contact the deponent after the deposition and provide a draft of the transcript to read before they finalize it for the final transcript. 

Conclusion

Regardless of how prepared you think you might be for a deposition, speak with your attorney about the deposition in advance.  The questions you do not want to be asked during the deposition are the most important ones to discuss with your attorney, so that you know what is expected of you before the big day.  If you are going through a divorce or paternity action in Florida, Brusca Law can help you prepare for your deposition.