Depositions....can you be on your best behavior?
In many family law cases, (and other legal matters as well) a deposition can make or break your case. Opposing counsel will use the deposition as an opportunity to see how well a witness will present on the stand, and to gain information to use against you as well. The number one rule is to be honest, it does you no good to get caught in a lie. I also tell my clients to remain calm and be polite. It is good practice, because a judge will not put up with rude comments directed towards anyone in the courtroom, and getting upset only makes it more difficult for the judge to understand your side. When you are being deposed by opposing counsel, it is often best to give short answers, only answering the specific question that was asked. Don't volunteer information to the other side, your attorney will make sure that the evidence favorable to you gets in the record. Keep in mind that the opposing counsel may be trying to provoke you into an emotional state to see where your weaknesses are. Finally, I leave you with an example of a DON'T....don't use profane language or make personal attacks on the other attorney or you may find you subject to fines as in this case reported on the Wall Street Journal Law blog.
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