There are various methods of finding out information about the other party and obtaining documents in the course of a divorce/dissolution or family law proceeding. One tool is a deposition. A deposition involves questioning under oath that is recorded and transcribed. Documents can be requested to be produced as well. A non-party can be deposed for the purpose of obtaining or authenticating documents unavailable to a party in the case. Expert witnesses may also be deposed. Depositions are not common in Colorado dissolution and family law, whereas in some states they are routine.Purposes of a Deposition
- To learn about the other party’s position and evidence;
- To obtain information not available in any other way;
- To lock the other party into a position;
- To impeach the party at trial if he or she changes positions;
- To obtain the testimony of a witness who may not be available later; and
- To evaluate the credibility of the party.
- Reasonable notice of the deposition must be given by subpoena to the other party stating the time and place, the identity of the party to be examined, and identification of any materials to be produced.
- A deposition may be taken any time after a court action is initiated.
- Service of a subpoena for testimony must occur no later than seven days before the deposition, and
- Service of a subpoena for production of documents must occur no later than 14 days before the deposition.
- Immediately following subpoena service, all parties must be provided a copy.
- A subpoena can be objected to on various grounds.
- A Court may quash a subpoena to which a proper objection is made
Depositions are limited to one six-hour day. The parties can agree or the court can order a variation of time. Depositions are recorded and the person arranging the deposition must procure the court reporter. The recording is then transcribed and both parties have the opportunity to review it. Deposition transcripts are often used at trial and admitted as evidence as a prior recorded statement under oath of a party.Objections and Review
The party being deposed is asked questions under oath. Objections may be made, however the question must still be answered. Objections should be made concisely and in a non-argumentative way. Answers may only be declined to preserve a privilege, to enforce a limitation on evidence as directed by the court, or if the examination is being conducted in bad faith. The deponent is entitled to receive a copy of the transcript upon request.Turning Change Into Opportunity in Colorado Springs
An attorney can guide you through Colorado Springs matters involving depositions by negotiating, mediating and litigating. This allows you to focus on moving forward to a better future rather than on spending your time trying to figure out the overly complex court system. Colorado Springs Divorce and family law matters are difficult to navigate alone. The court system is more complex than it should be. Change can be stressful, however it can lead to a better future. Janko Family Law helps ensure that your best interests are protected and that you are aware of your legal rights and obligations.
Contact us at 719-344-5523 or complete our online form to set up a free thirty-minute informational consultation.