A Deposition is an out of court, under oath interview of a party or witness. The questioning is done by the attorney of the party or witness. The questions are about the pending case, including; fault or misconduct, money and financial matters, child related issues, and almost anything else that could lead to discoverable information.
A deposition allows you to find out the answer to questions that you may otherwise not know the answer to and allows for the attorney to ask “dumb” questions.
There is a lawyer cliché to never ask a question that you do not know the answer to. The way around this is to ask in the deposition. The deposition is typically not at the Court, but at the lawyer’s office or some other agreed upon place. The deposition is not seen by the Court, at least not automatically.
Depositions serve not only to provide an opportunity for answers, but also to create pressure. Pressure to settle, pressure to try to bring the pending matter to conclusion. Depositions can be long, difficult, embarrassing, but can also provide for closure, for a party to have their say, and to “clear the air.”
Matthew Thompson is a Family Law attorney in Mississippi and has spent more hours in depositions than he cares to admit.
Matthew@bowtielawyer.ms (601) 850-8000