If you have ever been involved in a lawsuit or have known someone who has been involved in a lawsuit, you may have heard the term “deposition.” During a lawsuit, a deposition is one way to learn information from the opposing party and any other persons with personal knowledge of the relevant facts.

Once a lawsuit is filed, each party has a right to discover from the other party, and sometimes from non-parties, information and documentation to help prepare their case and defend against any claims and allegations made by the other party. This process is called the discovery process. The discovery process affords parties several different ways to gather relevant information, and one such way is in the form of a deposition. A deposition is the mechanism by which one party (or his lawyer) gets to ask questions of a particular person with relevant knowledge (the “deponent”) under oath. The entire question and answer session is transcribed by a court reporter verbatim, and a copy of the transcript can be available for both parties to keep. Most depositions are in person and occur at the attorney’s office who scheduled the deposition. Sometimes depositions are video recorded. In this day and age, depositions occasionally occur via video conference means.

In divorce lawsuits, depositions can be targeted to gain information on many different issues, including matters related to child custody, child support, property and debt division, and spousal support. A deponent might be asked about his income, to explain what custodial arrangement he thinks is best and why, and to discuss assets and debts that should be valued and divided, among other things. Depositions are a great way to get this information and to be able to follow up with additional questions in real time.

Depositions can take anywhere from one or two hours if the issues are minimal but generally take closer to a full day. If you are considering whether a deposition would be helpful in your particular case, talk to your attorney and discuss the cost of the deposition, the information you hope to gain, and make a business decision about whether the cost is justified. Court reporters generally charge by the length of the deposition, so shorter depositions will be less expensive than longer ones. Also, your attorney must prepare for and conduct the deposition, so that expense must also be considered. Contact legal counsel immediately if you have received notice that your deposition is to be taken. An attorney can help you navigate that process and sometimes take action to protect you from being asked about particular topics. Alternatively, they can reschedule dates or help you troubleshoot more issues that may arise if your deposition is scheduled.