WHY IS THE DEPOSITION BE TAKEN?

The deposition is a discovery tool and is performed for two primary reasons (1) to reveal information and/or documents relative to the issues in the case; (2) to elicit statements that may be used at trial.

As a direct result, as a deponent, consistency in your answers is extremely important. If the case goes to trial and the deponent takes the witness stand to testify, their deposition may be used to cross examine the witness. The opposing counsel's goal will be to point out inconsistencies in those statements to undermine the witnesses credibility.

The opposing side is taking your deposition for at least four reasons:

• Finding Facts and Information. They want to find out the facts in your actual knowledge regarding the issues of the case. In other words, they are interested in what your story is now and what it is going to be at trial.

• Determining how a Party or Witness Acts under Pressure. They want to see how you handle yourself in a tense testimony situation. How a witness handles himself or herself will tell an attorney how hard to press for settlement or trial. Witnesses who cannot handle testifying may not do well in trial and may therefore have less flexibility when settling the case. • Finding False Statements. They hope to catch the witness in a lie so they can show at the trial that the witness is not a truthful person and therefore, the testimony should not be believed.

• Case Evaluation. The deposition will assist the other side in evaluating the case for settlement purposes. This is often the first and only opportunity the other lawyer has to see each critical witness before the case comes to trial.

As a result, wherever possible, a deponent should answer the questions in an honest and straightforward manner so that the other lawyer will be impressed with the fact that the judge will know, if the case is tried, that they are completely honest and sincere.

WHAT KIND OF QUESTIONS CAN BE ASKED?

It is important to remember that discovery is very broad. As a direct result, discovery depositions are very broad. The other lawyer may ask a wide range of questions that he/she could not ask at trial. In a deposition it is only necessary that the questions have the possibility of leading to admissible information or evidence for trial. As a direct result, do not be surprised when the opposing attorney asks questions that you may think are irrelevant or intrusive. Many of the questions will ask about specific issues such as property division, spousal maintenance or custody issues.

WHAT INFORMATION WILL THE OTHER LAWYER SEEK?

• General Information. In most cases, the deposition will start with general questions about the deponent’s personal facts and background including their name, address, education and 0profession and then their relationship to the parties or their role in the case itself.

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