Section 19.35 Opposing Party’s Deposition

• Library: Family Law Deskbook and 2014 Supp

L. (§19.35) Opposing Party’s Deposition

There are many reasons for deposing the adverse party other than to learn the party’s anticipated trial testimony. Depositions are excellent as a follow up to receipt of the adverse party’s financial forms and interrogatory answers. It may also represent an opportunity to explore settlement. Appearance for deposition by a party apprehensive about the anticipated questions can result in a delay of the deposition while settlement discussions take place, and a desire to avoid the deposition may make that party more responsive to settlement proposals.

The author almost always asks the client to submit proposed questions or areas of inquiry for the deposition and requests the client to be present at the deposition. This is so the client can know firsthand what the spouse’s testimony is, and it gives the client an opportunity to suggest additional questions before the deposition is closed. It also may improve settlement prospects by bringing home to the client the conflicts in testimony and areas of disagreement and help the client to realize the uncertainty of the...