Discovery is the process by which a party in a divorce may obtain information from an opposing party. Discovery can be utilized in several forms, such as interrogatories, requests for production, subpoenas, and depositions, which we will be discussing in this entry. Depositions are often used in discovery and they are helpful in cases involving child custody, support, and equitable distribution.
What is a Deposition?
A deposition is usually scheduled by one party, who gives advance notice to the party they want to depose. Generally, the deposition takes place in an attorney’s office, where the party being deposed is sworn-in and is asked questions in front of a court reporter. The purposes of a deposition are to solidify the opposing party’s version of facts that surround the case, to gather evidence, to assist with a potential settlement of outstanding issues, and to build a case.
How is Recorded Testimony Used in Court?
Depositions are helpful, in that they obligate a party to provide their recorded responses to the questions being asked of them. Later, if the parties to the divorce are unable to settle or resolve their differences, the answers which were provided in a deposition setting may be used to contradict a statement offered as testimony in court, thereby reducing the credibility of a witness.
If a Deposition is Helpful, Why Don’t More People Use Them?
Depositions can be costly. Not only would a client have to pay for the time of their attorney but they would also have to consider the costs associated with having a court reporter in attendance and the costs associated with having a transcript of the deposition provided to them. Depositions are generally used in highly contested cases because of this reason.
Consider setting up a consultation with a family law attorney at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We invite your inquiries.
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