Are Depositions Necessary for My Florida Divorce?
When in the midst of a divorce, you may be presented with the discovery tactic of a deposition. Depositions are conducted by your spouse’s attorney and your Pensacola Divorce Attorney, where testimony is provided by witnesses, experts, or parties, under oath, documented by a court reporter, that may be used later in court. The purpose of these depositions is to expand upon information or gather more details that are pertinent to your divorce proceedings. However, they can be time intensive and significantly increase your costs. Therefore, many question if these depositions are necessary.
If you are concerned about the need of a deposition in your specific case, discuss this with your Pensacola Divorce Attorney. Each case is different and although certain aspects of a divorce may require depositions others may be able to circumvent this discovery tactic. Discuss your specific case, claims, and needs with your attorney to determine the necessity of a deposition.
There are a few cases where almost all attorneys will agree that depositions are essential to their preparation. For instance, when a party did not provide accurate or full information through other discovery means such as interrogatories or requests for production, an attorney will use a deposition to gather these necessary details. When in a deposition, you are placed under oath, just as you would be in a courtroom. Therefore, the information provided must be accurate, or further legal recourse may be taken. Furthermore, when answering questions presented in a deposition, a party is not given time to falsify an answer or the opportunity to avoid responding. Depositions are unique in that the parties must answer every question presented. Attorneys may object, and the court will later rule on these objections if necessary, but the parties must respond. Therefore, the information previously omitted or falsified is more likely to be presented in this setting.
Another common area where depositions are generally necessary are when there are multiple experts with differing opinions. In cases where a party is claiming an inability to work, or there is uncertainty regarding a child’s best interest, each spouse may seek out an expert to support their claims. When each side has their own expert with a differing opinion it is imperative to fully understand and have the opposing expert explain their analysis of the specific facts prior to trial. A deposition will allow your attorney to gather a full picture of the expert’s qualifications and analysis and provide them with items to question before the judge at trial that will bring a level of uncertainty to the opposing argument.
The need of a deposition is not an easy answer to come by as it is case specific. Therefore, you will need to discuss your unique case with your Pensacola Divorce Attorney, including the claims and evidence necessary to determine if depositions are going to add value to your case. Your Pensacola Divorce Attorney’s main objective is to protect your rights throughout this emotionally taxing process; therefore, we will be able to openly discuss with you the reasons a deposition may be helpful to your case.
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