There is a mobile optimized version of this page, view AMP Version.
Depositions of Witnesses in Divorce – 5 Divorce Deposition Questions
The Florida Rules of Civil Procedure allow a party to take the deposition of another party or non-party. A witness divorce deposition is usually taken before a notary public who is also a court reporter. A witness deposition is under oath and may be used to impeach testimony, gain information regarding the opposing parties’ case, preserve testimony, or obtain testimony if the witness is more than 100 miles from the Courthouse.
1) How Much Does a Divorce Deposition Cost?
Depositions offer numerous advantages in a case, but they are also expensive. Divorce depositions can last many hours, and in some cases, all day. The cost of a deposition includes attorney preparation time, the attorney’s time at the deposition, the court reporter’s time and the fee for the court reporter’s transcription (if the transcript is ordered). The foregoing costs can often run into the thousands of dollars.
2) When Should I Take a Divorce Deposition?
There is no set formula for when you should take a deposition. Some attorneys will take depositions in every case while other attorneys will rarely take depositions. To determine whether you should take the divorce deposition of the other party (i.e., Husband or Wife) or a witness, you should ask the following questions:
A) Am I confident that I know about all of the assets and income of the other party?
B) Are there complex issues, such as a time-sharing dispute?
C) Do I need to understand how the other party will testify at trial?
D) Will it be necessary to impeach the other parties’ testimony?
There are many more reasons than the reasons articulated above to take a deposition of an opposing party or witness, but the above questions provide a few points to consider.
3) Does a Deposition Help Uncover Financial Assets?
Many times the other party will omit listing assets on their financial affidavit either because they did not think or realize that the asset needed to be disclosed, or worse, they intended to conceal an asset. While a deposition may not always uncover hidden assets, it is not uncommon for another party to disclose an asset when asked point blank under oath in a deposition. Often times the response will be, I did not know I needed to disclose that asset.
4) Do Depositions Help With Complex Issues?
When complex issues, such as time-sharing, are in dispute, a deposition can be a very useful tool to understand why the other party is asking for a particular type of time-sharing arrangement and why they believe it is in the best interests of the children. A deposition will often reveal unknown witnesses, damaging information and the other parties’ theory of the case.
5) Can a Deposition Be Used to Impeach Testimony?
The most common form of impeachment with deposition testimony is to introduce the deposition testimony when the other party takes an inconsistent position at trial than the position they took in the deposition. A deposition can prevent, or mitigate, the potential that the other party may “change their story” at trial to suit their own purpose. For example, an attorney may ask the other party at a deposition do you have any issues with the other party’s ability to parent your children? If the answer is no, it may be difficult for the other party to take a contrary position at trial (assuming there has not been a change in circumstances).
Conclusion
Depositions are expensive, but can also be effective. The pros and cons of taking a deposition should be evaluated with your attorney relative to the facts of the case. Chris Taylor is a Divorce Attorney in Saint Augustine, FL. If you have questions about your family law case in St. Johns County, Florida, please contact The Taylor Law Office, P.A. here or by phone at 904-834-1991.
