Facial Express, Progressive Questions & Lack of Objections
Under the rules of discovery, there are many ways to obtain information from the other side in domestic cases involving bitterly contested custody or significant asset cases. With a deposition, there are unique things that can be achieved; this is unlike any other form of discovery. Three are discussed.
The first, unlike other requests for documents, is a face-to-face deposition: A deposition can give substantial insights into the other litigant’s body language, such as facial expressions, to see what and how he or she views a particular question or line of questions.
There may be a characteristic demonstrated that is useful at trial–or in deciding credibility and if a case should go to trial. In other words, the body language may not be in sync with the answer. A picture is worth a thousand words as the old adage goes. And this question or line of questions may be called upon at trial which is key as a fact-finder judge can also weight this in overall witness credibility.
The second key purpose of a deposition, unlike a sterile question to be answered on paper or by producing a document, is such allows progressive lines of questioning. Therefore, every permutation of a question or the existence or absence of a document may be explored in an exhaustive way. Written questions to the other side (called interrogatories) or for documents (requests for production) rarely accomplish so much in a short time frame.
The third aspect is upon agreement by the counsels, objections may not be lodged without fear the failure will cause a waiver of objection and use at trial. This allows a litigant to speak in a more normal fashion, as in ordinary communication. Such may aid in the free and open exchange of information as anticipated under the discovery rules.
At Ciyou & Dixon, P.C., we practice throughout the state of Indiana and hope you find this blog post useful in becoming a more educated legal consumer. This blog post was written by attorney Bryan Ciyou.
