Connecticut divorce depositions are essentially interviews.   And just like other interviews you may be nervous.  Reduce your anxiety.  Read on. Here’s a quick summary on the process.

A deposition is question and answer session between a lawyer and a witness (deponent).  The lawyer asks – the witness answers under oath.  Depositions usually take place at an attorney’s office.  A stenographer or court reporter is present to create a transcript of what is said.  Some depositions last for 30 minutes or less.  Others drag on for days unnecessarily (especially if an attorney is looking to pad their fee).   A judge once said to opposing counsel: “If you can’t do the deposition in four hours or less you are asking the wrong questions.”  Unless they are extenuating circumstances, I completely agree. 

There are four reasons to conduct Connecticut Divorce Depositions:

  1. Gather information.  Learn about an opposing party’s position on certain issues.  Get an advance preview of the witness’s trial testimony so you can prepare accordingly. 
  2. Assess the witness.  Is the witness likable? Credible?  Sympathetic?  Or perhaps the witness is disorganized, easily rattled, angry and an overall jerk that the judge will not like.  This matters.
  3. Impeachment.  Lock in answers. If a witness testifies differently at trial than they did at the deposition their credibility is shot.  Were you lying then or now? Potentially powerful.
  4. Unavailable witness.  Sometimes it becomes apparent that a witness may not be able to testify at trial.  For example, someone who lives out of state.  Under certain circumstances, the deposition testimony can also be used as trial testimony.

Depositions are not required in every case.   The attorney must weigh the expense of deposing the witness against the value of the deposition.

Depositions can be a useful tool for settlement negotiations and are a must if the case is headed to trial or if any expert witness will testify.

I represent clients in divorce and Family Court related matters through out Fairfield and New Haven Counties including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford, Greenwich, Shelton, Orange and Milford.

Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation regarding Connecticut Divorce Depositions.

 

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