What is a Deposition?

June 4, 2009

In contested cases, a great deal of work goes into preparing the case for court.  Sometimes, it is necessary to conduct a deposition.   A deposition is testimony taken under oath (under penalty of perjury) in advance of a trial or evidentiary hearing before a Judge or Court Commissioner.   

Typically, a deposition is taken both to learn information, and to “box” a witness into a story.  Deposition testimony may be may be used against that witness in court.  Therefore, it is a very useful investigative and preparation tool for attorneys.

A deposition is a formal question and answer session.  The subject matter typically relates to the contested issues in the case.  In divorces, depositions often focus on the financial affairs of the spouses and any issues relevant to legal custody/physical placement determinations.  Often, the person being deposed is required to bring certain documents to the deposition.  In those instances, the deponent will almost surely be asked questions about those documents.

The person being deposed is known as a “deponent.”  Depositions may involve only the parties (husband and wife).  In more complex cases, family and friends may be deposed.  If there are any expert witnesses involved in the case, they may be deposed as well.  Experts may include appraisers, accountants and psychologists. 

Depositions are usually conducted at the office of one of the attorneys in the case.  In my office, we hold depositions in conference rooms.  A court reporter is present to transcribe all of the questions and answers for the record.  Court reporters are hired by the attorney requesting the deposition.  More rarely, a deposition is videotaped as well.  If a deposition is videotaped, that is usually done by a professional videographer.

The length of an individual deposition varies.  Generally, the more complex and acrimonious the case, the longer the deposition will be.  There is no Wisconsin law which specifically limits the amount of time a deposition may take.   However, a deposition cannot be taken solely for the purpose of harassment or intimidation. 

Anyone who is part of a deposition may order copies of the official transcript from the court reporter who transcribed the testimony.  A witness is allowed to read and review his or her testimony.  However, the contents of the transcript cannot be changed.

If you are subpoenaed to appear at a divorce deposition, you should consult an experienced divorce lawyer to learn about your rights.

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