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What Do I Need to Know About Depositions in a New Jersey Divorce Case?

There are several different parts of divorce proceedings. In addition to many others, these can sometimes include depositions. It is important to be aware of these matters when facing a divorce. To learn more, continue reading and contact an experienced New Jersey divorce attorney for assistance.

What is a Deposition?

During a deposition, questions are asked of spouses and witnesses in their divorce cases under oath. This occurs outside of the court in the presence of a court reporter. Both attorneys will be present during this time. In addition to this, spouses have the right to sit in on any witness depositions regarding their case. 

It is important to know that depositions do not occur in every divorce case. Typically, they are only used in cases involving contested custody, complex financial issues, and cases where critical facts are disputed. After the deposition is over, the questions and answers are transcribed to be bound into volumes.

What is the Purpose of a Deposition?

There are many purposes that a deposition serves, including the following:

  • Supporting the settlement process by providing valuable information
  • Helping an attorney determine who to use as witnesses in a trial
  • Aiding the assessment of a witness’ credibility
  • Helping avoid surprise at the trial by learning testimonies beforehand
  • Preserving testimony if the witness is unavailable for trial

How Can I Prepare for a Deposition?

When preparing for a deposition, it is important to speak with an attorney. This allows you to learn and be prepared for any questions that may be asked. In addition to this, it can be helpful to review the important documents about the case. This can include the complaint, answers to interrogatories, and the case information statement. If documents were requested to be produced at the deposition, be sure to gather them ahead of time. 

What Do I Do if I Give Incorrect Information in a Deposition?

Depositions are given under oath. It is because of this that it is important to be completely truthful. Incorrect information can prove a witness to be inconsistent and lose credibility in court. Individuals who realize they gave incorrect information should contact their attorney as soon as they realize the error. 

In the event that a witness does not know the answer to a question they are being asked during a deposition, it is acceptable to simply say “I don’t know.” This can also be done if they are unable to remember any details. 

Contact our Firm

If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.