Depositions in Family Cases

Depositions in family cases are used in litigated cases to discover information that will benefit your case. This page provides a brief introduction to depositions. You should discuss all your questions about what to expect directly with your attorney if you are being deposed and you are represented by an attorney,.

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Depositions are a discovery tool. We use them to find out information about anything and every thing that may be related to an ongoing case. You cannot have a deposition if there is no case pending. The Florida Family Law Rules of Procedure authorize the use of depositions in for family cases.

Depositions in family cases are usually reserved for those cases that in contested or litigated, which is to say in a contested divorce or a contested paternity. If the parties to a divorce or a paternity are in agreement, depositions are not applicable to the case.

What is a Deposition and How is it Conducted?

A deposition is a question-and-answer session between an attorney and an opposing party or witness in a case. The party or witness is placed under oath and sworn to answer each questions truthfully. Depositions can be used in any case, whether criminal or civil; and in state or federal cases.

When you answer questions in a deposition, you are testifying. Your testimony is taken before a court reporter. The court reporter records the questions and answers, all of which may be transcribed later and used in the case for which it is taken.  Sometimes deposition testimony may be used in any other case where the information obtained may be important. In addition to having a court reporter, there are times when a deposition may be recorded via video and other technology, such as Zoom.

If you are a party to the case and are represented by an attorney, your attorney will coordinate the date of the deposition as well as be present at the deposition.

If you are a witness –a person who is not a party to the case– you also have the right to have an attorney present. If you decide to have an attorney represent you at the deposition, you are responsible for hiring the attorney and for their fees in representing you at the deposition.

Who can be Deposed and Can They be Compelled to Attend?

An attorney can depose the opposing party in a case. An attorney in the same case can also depose any person who may have information about the case, and whom they may want to call as a witness at trial. Sometimes the attorney will depose the other parties’ witnesses.

Basically, an attorney can depose anyone they think has relevant information that will impact the attorney’s case.

Attendance at a deposition can be compelled. If you are a witness and have received a subpoenaed for deposition, not showing up can get you into trouble with the court; and you should consult an attorney before ignoring a deposition notice.

Depositions in Family Cases Can Be Expensive

The cost of depositions in family cases can add to the litigation fees in a case.

Since a deposition must be taken before a court reporter, you have to hire one. The court reporter charges a fee for appearing at the deposition to record it. If the deposition is to be transcribed, there is an additional cost per page for the transcription. Nowadays, the transcriptions may not necessarily result in a paper transcript since most (if not all) transcriptions are provided digitally.

If the person whose deposition is being taken does not speak English, there will be the cost of an interpreter.  And of course, there is the hourly rate of the attorney taking the deposition and of the attorney representing the party or witness, if any.

Conclusion

A deposition is a useful tool when used appropriately given the issues of a particular case in litigation. They are expensive, however, and not all parties in family cases are able to afford them, even when they would prove beneficial to their case.