Divorces can be complex matters, often times involving extensive discovery.1 One key to obtain information in divorces is by depositions. Depositions are unique in that they require you to actively participate with the attorneys. Depositions require a large amount of involvement on the part of the client, it is important to have a basic understanding of depositions and what to expect. In this blog, we provide five tips for a deposition in your divorce case. Tell the Truth. While it may seem like a cliché, the first tip for a divorce litigant going into a deposition is to tell the truth. To ...
July 29, 2020CD
Often you may hear of a criminal defendant getting his or her case dismissed, whether it be in “real life,” on the news, or in a television show or movie. You may wonder why it seems like some individuals accused of crimes “get off” when it seems like the odds are stacked against them while others, under seemingly similar circumstances, negotiate for a plea agreement that may include being incarcerated or go to a jury trial and ultimately get convicted. While there may be a variety of reasons for the differences in these hypothetical scenarios, one possible answer is the ...
May 8, 2019CD
One of the key ways to obtain information in litigation is by depositions. In the most common scenario, these are depositions of the parties. Essentially, a court reporter and the attorneys and the litigants meet at one of the attorney’s offices or the office of the court reporter, the witness/party is sworn under oath, and questions are asked by the deposing attorney. There are many aspects of depositions. This blog explores the five common mistakes in answering and the proper ways to answer deposition questions. Personal knowledge. In everyday life, we all answer questions in normal human discourse by stating as ...
November 16, 2017CD
For mostly technological reasons, major life events from global meetings to face-time chats with friends across the land occur in more or less real time. The new mass of information is digital and not paper. The old days of putting the paper mortgage documents and financial statements in a single place—forever—are long gone. So are the days of digital information being kept in one place—except for the most vigilant. This means that with any litigation, from a protective order to divorce, a swipe of a screen or click of a mouse may reflect some significant event that is relevant to litigation. ...
August 12, 2015Adam Hayes
In all forms of litigation, civil and criminal, depositions are a common form of “discovery.” Discovery is the process of obtaining information to prepare for trial. In a deposition, an attorney asks questions with the other attorney asking clarification questions to get an accurate answer. With a deposition, it is easy for a party to under- or over-answer questions. When this or other improper answer occurs, the attorney will object, but the witness can answer unless his or her attorney instructs him not to do so; an example where a litigant would be instructed not to answer is with assertion of ...
April 28, 2015Adam Hayes
Prior to a final hearing, discovery may be completed to allow the parties to gather information relevant to the pending matters. Discovery can be conducted in many forms, including written questions (interrogatories), requests for production of documents, depositions, third party discovery, and requests for admission. The discovery process allows for several means of gathering information, and being able to request documents and information from opposing and third parties. Requests for admission are governed by Indiana Trial Rule 361. Requests for admission are served upon an opposing party, and seek the truth of the matters requested, including the genuineness of documents described. For ...
July 8, 2014CD
A deposition is a discovery tool, or a way that attorneys and litigants gather information that is relevant to the case. A deposition is just one of many options that attorneys utilize in gathering pertinent information to effectively prepare your case for settlement or trial. For example, during a divorce case, your spouse raises claims that he or she wants spousal maintenance (alimony), and you want to know why, or what their basis is. A deposition is an opportunity to ask many questions about their assertions regarding their request. On the other hand, depositions are good to see how an ...
March 27, 2014CD
Ciyou & Dixon, P.C. recently posted a blog on depositions and technology and what happens after a deposition is given. This blog focuses on some universals of the actual experience of a deposition–the general rules that are given by the deposing attorney to each deponent. They vary slightly from case to case. However, if you face a deposition and understand these rules, it will go a long way to minimize the unknown and fear associated with it. And as always, having sufficient knowledge of the process and general rules, allows litigants to have less stress and better answers to the questions. A ...
April 24, 2012CD