How Depositions are used in Family Law

During a family law case, especially when getting closer to a trial, depositions are a valuable discovery tool that can be utilized. The main purpose of a deposition is to take testimony from a witness under oath, and the answers can be used as evidence in court. Depositions are important because they allow attorneys to assess witness credibility, prepare for trial, and clarify facts.

Depositions can and are most commonly taken of the opposing litigant, and also of a Guardian ad Litem, experts involved in the case such as custody or business evaluators, and any other relevant witness that you want to learn what they may say in court in advance of a hearing or trial.

Depositions involve a court reporter transcribing the entire proceeding, which typically takes place in an attorney's office or may be over Zoom. Both parties and their attorneys may be present, along with the deponent (the person being questioned). In some cases, an interpreter may be present if needed. The other party's attorney will ask questions to the deponent, and the deponent will provide answers under oath. A judge will not be at a deposition. A transcript will be provided, which is paid for by the person taking the deposition and can be used at trial as the statements were made under oath.

In Illinois, depositions are governed by 735 ILCS 5/2-1003, as well as Supreme Court Rule 206. These rules outline the procedures and guidelines for taking depositions, methods of examination, requirements, and limitations.

There are two types of depositions: oral and written. Oral depositions involve an attorney who questions a deponent live, under oath. Some advantages of oral depositions are that they allow for the observation of a deponent's demeanor in person and provide an opportunity to clarify answers or ask follow-up questions to a deponent.

On the other hand, written depositions involve the attorney sending the deponent pre-written questions, and the deponent submits their answers in writing. This method of examination can save costs and be more convenient when scheduling issues arise. However, this method provides limited room to follow up on answers, allows for vagueness, and lacks the attorney's ability to assess a witness's credibility in person.

Depositions are used to gather relevant information, making witnesses, experts, family members, or anyone relevant to the case able to be deposed. It is important to note that merely being deposed does not necessarily mean you are a party to the case.

Not every family law case will have depositions. However, they may be used in instances where attorneys want to uncover facts relevant to the case, like financial matters, child custody, parenting styles, alleged abuse, etc. If your attorney or the other party has scheduled or recommended a deposition, you must be prepared, as the information gathered can significantly impact the outcome of your case.

Your attorney should prepare you thoroughly for your deposition by practicing your answers to questions and explaining the process. You should not say anything that is not the truth in a deposition, as it will destroy your credibility. It is essential not to guess any answers to the question, as this can also compromise credibility.

It is advised not to talk a lot when being deposed. It is recommended that short and precise answers be given. You should answer all questions to the best of your ability. Saying you don't remember or don't know is an acceptable response.

It is important also to be aware of what the attorney may not ask you during a deposition. The deposing attorney cannot ask you about privileged communications between you and your attorney or any irrelevant questions. Your attorney should object if you are being deposed and asked anything off-limits.

The Law Office of Erin M. Wilson LLC can help you navigate your unique circumstances and represent you in a deposition regarding family law matters. We can offer guidance on protecting your rights and achieving a fair deposition. Contact The Law Office of Erin M. Wilson LLC today to schedule a consultation at 312-767-4220.

NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.