Legal Question in Family Law in North Carolina

Legal Depositions

I would like to know some of the basic questions that are asked during a deposition. I have been led to understand that a deposition can basically let the other party find out about your stratedy, which I think is rediculious because this gives the other person time to back up acusing statements, and plan strategy. I also understand that if the person giving the deposition has solid case then the other party's lawyer can let his client know and advise him to settle or give other party what is being asked. The last understanding I have been given is to make sure statements are not changed and can be refered back to if party has changed story. Please let me know if this is correct. I really have been having a hard time finding out any info for the questions that are asked at a deposition, Thank you!!!!!!


Asked on 3/19/01, 11:21 pm

1 Answer from Attorneys

Donna Jackson Donna Jackson, Attorney at Law

Re: Legal Depositions

The last statement you made is probably the most accurate- that the answers in a deposition could be used to make sure the other side doesn't change his story. I would not worry about the other party coming up with damaging statements(unless they are true). You will get a chance to give your side of the story and the Judge can decide who is credible. He or she should be able to tell if the statement is just being made up to make you look bad. Doing that type of thing doesn't help a party look good in a custody case. If you don't already have an attorney, you may want to get one to be with you at the deposition. That way they can make sure the other attorney doesn't get carried away and can object to improper questions. A judge may have to rule on the objections later, but it may keep the question from being asked.

If you decide not to get an attorney for the deposition, just be as honest as possible, take notes, and if you feel afterwards that you need an attorney for the trial itself, he or she can get a copy of the deposition and try to "fix" any problems they see with it.

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Answered on 5/29/01, 5:40 pm


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