• Information Reviewed. In most cases, the deponent will be asked what whether they have spoken with anyone to prepare for their deposition. Consultations with counsel, however, are privileged and should not be disclosed. The depondent will also be asked what records they reviewed in preparation for their deposition testimony.

• Witness Names. The person conducting the deposition will try to get all possible information regarding names, identity and addresses of any witnesses to assist them in investigating and preparing their case for trial. For any incidents a deponent relates, they can expect to be asked who else was present as well as their name and address.

• Specific Dates and Events. If a deponent relates any incidents or events relevant to the issues of the case case, they may expect the other attorney to explore those events or incidents in detail. As a result, the deponent should be as clear as possible regarding dates and times of events. If they are unsure, the deponent should not commit to a specific date or time since an error in that regard can be fertile ground for impeachment of the witnesses recollection at trial. As a direct result, the attorney will attempt to get the deponent to commit to exact dates, years, times, facts. If a deponent is unsure, they will ask a series of questions designed to increasingly narrow the window of time during which the event could have occurred. Eg. “Was that in the winter or summer? Was it warm or cold outside?” The purpose of these inquiries is induce the deponent to commit under oath to a specific set of facts so that they cannot say anything different at the final hearing. As a direct result, if a deponent is not certain about a date, time or factual matter, they should say so by informing the other attorney that they are estimating.

• Documents. The opposing attorney will ask questions to determine if there are any other relevant documents or items that may be relevant to the case. DO NOT bring and documents to the deposition unless they were specifically requested as part of the Notice of Deposition or Subpoena.

HOW DO I PREPARE FOR A DEPOSITION?

Before the deposition, a deponent should review any documents that they reviewed as part of an expert report or, if the deponent is a party, any documents that they have submitted to the court and/or opposing counsel. Parties in a divorce proceeding should, at a minimum, review the following:

• Pleadings and Affidavits. Review carefully any complaint, petition or affidavit that has been submitted to the Court as part of the case. This includes the original pleadings and/or any affidavits submitted as part of any motion.

• Interrogatory Answers. Review any responses that the party has made as part of discovery. In a divorce proceeding, a party may have answered interrogatory questions by providing notarized responses to the opposing attorney. A party deponent should review those responses carefully and expect the opposing attorney to question them regarding the accuracy of each and every response. In fact, it is not unusual for a deposing party to ask the same questions that appear on those interrogatories.

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