The divorce process has many steps, and depositions are usually one of those steps.
However, depositions can be challenging if you are not well-prepared. So, we put together a guide with tips to help you prepare for your divorce deposition.
We’ve also included examples of some of the questions you or the other deponents may need to answer.
BTL Family Law is here to help
A divorce deposition is a sworn statement taken outside of a courtroom in front of a court reporter. During the deposition, the court reporter transcribes all of the questions and responses, creating a deposition transcript of the entire meeting.
The transcript includes any reports from the opposing attorney, as well as any deposition testimony.
Typically, depositions are held in the office of the attorney requesting the testimony, but they can also occur in other places, such as the court reporter’s office.
The individual being deposed is called the deponent. If the deponent is a party to the case, a subpoena is not required.
A Notice of Deposition, sent to the appropriate people, is sufficient. If the deponent is not a party to the case, a subpoena may be needed to compel the deponent’s attendance in addition to the Notice of Deposition.
Those summoned to a deposition may also be subpoenaed to bring or produce documents for review.
Witnesses may have to provide evidentiary documents before the deposition, or they may need to bring the materials with them.
Additionally, a deponent may still be subpoenaed to appear in court and testify after their deposition. Attorneys can use depositions as a way to gather testimony before actually going to trial.
They can get answers under oath about records received, expert-created reports, and other information before the case goes to trial. For example, if you are seeking spousal maintenance, an attorney may use information from the divorce deposition to evaluate your eligibility or ineligibility.
In Arizona, family law is somewhat restrictive of who can be deposed. Typically, the parties of the case and expert witnesses can be deposed. But, the rules provide for deposition of:
Under the Family Law Rules of Procedure, no one outside the list above may be deposed unless the parties agree or the court orders it for good cause.
