Deposition Dos and Don'ts Depositions can be unnerving, but the truth is that you have significant control over the experience. You hold information your husband wants and you can determine how and when it’s delivered. Exercise control, but keep these dos and don’ts in mind. Your nerves will thank you.

DO:

• Insist that your lawyer meet with you and prepare for the deposition several weeks prior.
• Privately show your lawyer anything you plan on taking with you to the deposition.
• Remember, no matter how friendly, the lawyer taking your deposition is not your friend.
• Be polite and as relaxed as possible, even if you’re seething inside.
• Listen closely to the questions.
• Take your time. Think about the questions and your answers before speaking.
• Ask that questions be repeated, if necessary.
• Tell the truth.
• Control your facial expressions.
• Answer questions succinctly without elaboration.
• Answer a question then stop speaking.
• Stop speaking if your lawyer makes an objection.
• Complete your answer if the lawyer interrupts you.
• Say, “I don’t know” or “I can’t remember,” if you don’t know the answer to a question.
• Correct any errors or mistakes you make during your testimony.
• Repeat the same answers to questions asked repeatedly, unless the previous answers were incorrect. If they were incorrect, correct the errors.
• If you are asked to look at a document, read the entire document even if you think you’ve read it before.
• Tell the lawyer taking your deposition that her summary of your testimony is incorrect, if it is incorrect.
• Ask for a break if you need it.
• Stay strong.
• Request, read, correct and sign a copy of your deposition, within the time required.

DON’T:

• Be rude or outwardly angry.
• Try to rush the deposition.
• Anticipate the questions.
• Interrupt or improve questions.
• Guess the answer to any question.
• Argue with the lawyer. Instead, stand by your answer and keep repeating it, if necessary.
• Volunteer information or educate the lawyer taking your deposition.
• Retreat when threatened or intimidated by your husband’s lawyer.
• Speak if your lawyer makes an objection.
• Take anything to the deposition unless your lawyer tells you to or approves it.
• Concede answers so the lawyer will stop questioning you.
• Use the deposition to put forth your case. Wait for trial or another appropriate time.
• Waive your signature on the deposition.

This article is not legal advice. You should consult an attorney if you have legal questions that relate to your specific divorce.

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