Depositions are one of the most powerful — and most underused — tools in Florida divorce and child custody litigation. If your case is headed toward a hearing or trial in Pinellas County, understanding how depositions work could change your outcome.
What is a deposition?
Merriam-Webster defines a deposition as “out-of-court testimony that is made under oath by a party or witness (as an expert) in response to oral or written questions and that is recorded by an authorized officer for later use in court.” Essentially, a deposition gives someone the ability to ask questions of whoever may be testifying in court before that person ever goes to court. This allows them to be aware of their answers without waiting until a hearing or trial. Your attorney can more effectively argue in court when the time comes with the advantage of knowing the answers that will be given before they ask the question, taking the surprise element out. In the instance that someone gives testimony in court opposite of the testimony they gave at their deposition, your attorney can use their prior statement from the deposition to impeach (cast doubt on) their current testimony.
Being able to depose the opposing party, especially in a divorce case, allows you or your attorney to know anything and everything they want (while still following the court rules) about the testimony the other party will give at trial or at a hearing.
Can you or your client get deposed?
The other attorney may still depose you (if you are pro se) or your client (if you are the attorney) as well, but a good lawyer will take that as an opportunity to get some insight on what opposing counsel’s arguments and case will be. While depositions may seem a costly expense in litigation, after 7 years of owning a family law firm I personally think they are one of, if not the most important tool in an attorney’s toolbox. There are many other forms of written discovery that can occur in a case, such as interrogatories and requests for admission. These can give you some specific bits of information, but a deposition can tell you so much more. A written request for admission may narrow down one fact, but being able to depose a person for a few hours allows for you to drill down for specifics in real-time instead of having to continue to do more and more written discovery.
Written discovery is still necessary sometimes and it can be an effective way to get things such as bank statements, copies of titles, or other documents. Once a lawyer has had a chance to review all of the written discovery, they can then make more informed decisions about what additional information they hope to gain from the deposition process. This applies across practice areas — whether you’re dealing with a contested custody dispute, alimony determination, or a paternity action.
Is a deposition worth the cost?
A deposition may cost a few thousand dollars, but when hundreds of thousands or millions of dollars — or important matters like spending time with your children — are on the line, it’s money well spent.