When embroiled in a family law case, you might speak with your attorney about something called “discovery.” Discovery is the legal process through which the parties in a case learn things about each other or get documents they need for the case. For instance, parties may serve interrogatories, which are simply questions to the other side along the lines of: state your address for the past five years and identify every person who has lived with you at each address. Other discovery methods can include requests for a party to produce documents, like credit card statements. Although these written discovery methods (written because they are done on paper and do not require any in-person appearances) are useful, they differ from an oral deposition.
An oral deposition means that an attorney for one side deposes (orally questions) the other party, a potential witness for another party, or a third person like an expert witness. Oral depositions are akin to courtroom testimony and are done under oath, and a good attorney will pin down the witness on specific issues. In this way, depositions are wonderful tools to lock-in facts, explore issues like finances, and to put pressure on the other side. So why depositions aren’t used more? Two reasons. First, they are expensive. Second, many attorneys are not comfortable taking depositions.
Attorneys at the Springer Law Firm have experience taking and defending depositions. Given the financial burden present in many family law cases, it is important to pick and choose when a deposition is a recommended form of discovery. If you have any questions about how discovery works in a divorce or other family law case, the attorneys at the Springer Law Firm are available to discuss those questions.