Question: What Can I Expect At Custody Deposition?

What should I expect in a deposition?

Depositions – Attorneys ask witnesses questions under oath and the answers are transcribed by a court reporter.

Generally, depositions go forward after interrogatories are finished and documents have been provided.

Expert discovery – If necessary, attorneys try to discredit the other side’s experts..

What questions Cannot be asked in a deposition?

Which Questions Shouldn’t I Answer in a Deposition?Private information. You have a right to refuse any questions about a person’s health, sexuality, or religious beliefs (including your own). … Privileged information. … Irrelevant information.

Do judges read depositions?

In that case, they’re read into evidence at the trial. Often a witness’s deposition will be taken by the opposing side and used to discredit the witness’s testimony at trial if the trial testimony varies from the testimony taken during the deposition.

Are both parties present at a deposition?

The parties present at a deposition are usually the plaintiff, defendant, plaintiff’s lawyer, defendant’s lawyer, the party deposed and a court reporter. The court reporter keeps a written record of the deposition. A videographer may also be present who videotapes the deposition.

Why do lawyers have depositions?

The deposition has two purposes: To find out what the witness knows and to preserve that witness’ testimony. The intent is to allow the parties to learn all of the facts before the trial, so that no one is surprised once that witness is on the stand.

What does a deposition involve?

A deposition is a witness’s sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the “deponent.”

What happens in a deposition for child custody?

A Deposition is the process through which a person, called the Deponent, is asked questions under oath. … Generally speaking, in a custody or divorce case the Deponents will be the parties and possibly other people who have knowledge of things at issue in the case.

How do I prepare for child custody deposition?

Deposition Questions to Help Determine Child CustodyOnly Answer the Question Asked. … Take All the Time You Need to Answer. … Do Not Speculate. … Keep a Level Head. … Ask for Clarification if You Do Not Understand the Question. … Be Prepared. … It is Okay if You Do Not Remember. … No Surprises.More items…

How important is deposition in custody case?

Depositions allow for the development of key evidence during a custody case. The deposition allows for you to secure evidence under oath that can be used at trial. The deposition allows you to ask questions that you couldn’t ask at trial.

What should you not say during a deposition?

Answer Only the Question Presented. No question, no answer. A deposition is not a conversation. In this respect, be on guard when listening to the questions – do not let the examiner put words in your mouth and do not answer a question that includes incorrect facts or statements of which you have no knowledge.

What should you not do during custody battle?

9 Things to Avoid During Your Custody BattleAVOID VERBAL ALTERCATIONS WITH EX-SPOUSE AND/OR CHILDREN. … AVOID PHYSICAL CONFRONTATION WITH EX-SPOUSE AND/OR CHILDREN. … AVOID EXPOSING YOUR CHILDREN TO NEW PARTNERS. … AVOID CRITICIZING THE OTHER PARENT TO LEGAL PARTIES, FAMILY, OR FRIENDS. … AVOID NEGLECTING CHILD SUPPORT PAYMENTS AND/OR AGREED UPON PARENTAL RESPONSIBILITIES.More items…•

What happens if someone lies during a deposition?

In theory, if you lie under oath you could be prosecuted for perjury, which is a crime. The reality is that perjury charges for lying at a deposition are pretty rare. Still, one would hope that the possibility of a serious criminal charge would be enough to dissuade a witness from testing those odds.