In most Maryland divorce cases, neither spouse is forced to sit for a deposition. Depositions are allowed, but generally, the proceedings can be resolved without the need for depositions. Depositions are costly in terms of legal fees, court reporting fees, and transcription costs. Thus, avoiding depositions is one method of trying to keep costs at a reasonable level.

However, in highly contested divorces, depositions are common.

If you have questions about Maryland divorce proceedings, call us here at the Law Office of Robert Castro at (301) 870-1200. We are seasoned and skilled divorce attorneys in Waldorf, Maryland. In this article, we discuss what is a deposition and situations where depositions are used in divorce cases.

What is a Deposition?

A deposition is a question-and-answer session that is conducted in an informal setting, like a law firm’s conference room. A deposition is NOT done before the Maryland divorce court judge and no court official attends a deposition. The person answering the questions is represented by an attorney and other parties — like the other spouse — may attend. All attorneys in the case generally attend a deposition and have an opportunity to ask questions. The whole deposition is conducted with a court reporter present who takes a form of short hand which results in a written transcript of the questions and answers. If documents are used in the questioning, these are generally called “deposition exhibits” and are often bound into the deposition transcript. There are some time limits, but, typically, depositions take several hours and generally “go” until all the attorneys present have asked all the questions that they want to ask. Before the deposition begins, the court reporter swears in the witness so that the testimony is under oath. As such, the deposition (or parts of it) can be presented to the Maryland divorce court judge as acceptable evidence.

What is the Purpose of a Deposition?

Depositions serve several important functions. First, the deposition allows the parties (and their attorneys) to gather information, maybe information that was not known prior to the deposition. Second, even where some of the information was already known generally, a deposition allows the information to be obtained in detail. Further, once transcribed, the testimony and information become “solidified” so that the witness cannot change their “story” at a later time during the divorce proceedings. Fourth, a deposition allows the witness to “lay the foundation” for other types of evidence like documents. For example, a copy of a bank statement is not “usable” evidence until a witness says something like: “Yes, this document here is a true and accurate copy of my bank statement for July 2022.” The same procedure is needed for more sensational documents like, maybe, an email or text where one spouse threatens physical harm against the other. Finally, through several depositions of different witnesses, the parties can pare down what facts/documents are in dispute. For example, everyone agrees that the July 2022 bank statement is an accurate copy. Now, that issue can be somewhat ignored, while the focus turns to facts and documents about which there are disagreements.

Contact Waldorf, Maryland Family Law and Divorce Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.