What Role do Witnesses Play in a Divorce Deposition

(Mobile, AL) – April 7^th, 2016 – For the most part, divorce lawyers can speak with a potential witness directly. For instance if the litigator believes that a friend of his client has information pertaining to the case, he can approach the friend directly.

He is under no obligation to notify the opposing counsel or his client about the witness. The witness has the legal right to refrain from speaking to the legal counselor. There are instances when a witness has chosen to speak with one party but had refused to converse with the other. 

In extreme cases, criminal cases, witnesses have to be protected. The Wire showed us this. The police lieutenant (Lt. Daniels) in season 1 had to make arrangements with Wallace’s (a low level drug dealer in west Baltimore) grandmother out in the country to get this witness out of the city. In hindsight, Wallace should have remained outside of the city – his former colleagues were instructed to take him out. Coming back to the city ended his life. Wallace was pretty naïve and paid the ultimate lesson for that. Now for divorce cases, things are not this extreme but sides are taking buy people in that circle.

Often when a witness has limited knowledge about the case then their statements are recorded in an affidavit. The affidavit is actually a notarized document containing the written testimony of the witness. It covers relevant issues of the divorce.

However, outstanding divorce lawyers in Mobile, AL proclaim that this arrangement does not work when the witness has a lot of vital information regarding the case. In such a scenario both legal representatives are eager to depose the person. For example, in a custody fight nannies usually have a lot of information on the parenting abilities of the both the spouses.

In addition, they can throw light about the involvement of the spouses in their children’s lives. Alabama divorce attorneys say that if property division is the bone of contention then a business partner that possesses vital information may be asked to be deposed.

What happens in a deposition?

The witness receives a subpoena requesting him/her to appear at the deposition. The subpoena is served either through registered mail or s court-ordered process. Often a law enforcement officer accompanies the subpoena to the witness’s doorstep particularly when the witness is unwilling to co-operate. Some witnesses get a ‘subpoena duces tecum’. This legal term denotes that the witnesses are required to bring certain documents to the deposition and Mobile, AL divorce lawyers have been through this situation before.

The subpoena will tell the witness when and where the witness is required to appear. Usually the venue is the deposing counsel’s office. There will be a court reporter present who will record everything that the witness says either by videotape or by stenograph. Many reporters combine both the techniques to record witness statements. The divorce aspirants along with both their respective legal counselors must also be present at the deposition. The witness can bring his/her own lawyer. Both the attorneys ask questions as long as it pertains to the divorce dispute.

Witnesses can have their legal representative present with them especially if they suspect that there may be questions asked that would violate doctor-patient privilege. The legal counselor representing the witness can advise whether he/she can answer the question or not. Since depositions are not presided over by a judge there is no one to decide whether a particular line of questioning is improper or not. This is why legal professionals have wide latitude to ask such questions.

But if you watch The Good Wife you know that the legal counselor representing the person being deposed will inform their client if they should answer such a question before they answer it. If the line of question is obscene or unnecessary, your lawyer will interject themselves and the situation will work itself out.

How to behave in a deposition?

You must have your own lawyer who can prepare you for the deposition. If you are asked a question about an illegal activity, your legal pro can recommend whether you should refrain from answering or answer truthfully. Never lie because you will be committing perjury which carries severe penalties. Make sure to give answers verbally and not via gestures because the court reporter might misunderstand you. Do not guess. If you have forgotten an answer say that you do not recollect.

If are plagued with the complications involved in your divorce you can always reach out to an Alabama divorce lawyer. Your lawyer will ensure that major issues are mitigated in an out of court settlement and you are saved from the prospects of a lengthy and expensive court battle. No one wants that. And they are much longer than they were portrayed in the movie Liar Liar.

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