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Deposition - what to expect

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RockyMtMember

Junior Member
What is the name of your state (only U.S. law)? Colorado

So my soon to be ex's attorney wants to depose me re : the financial disclosure. What can I expect in terms of questions - can I refuse to answer questions not related to the financial disclosure - what are the limits on what they can ask and what I can refuse to answer? Can I choose to not be deposed altogether?
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Colorado

So my soon to be ex's attorney wants to depose me re : the financial disclosure. What can I expect in terms of questions - can I refuse to answer questions not related to the financial disclosure - what are the limits on what they can ask and what I can refuse to answer? Can I choose to not be deposed altogether?
If you're getting into depositions, you should probably have your own attorney to answer those questions and help to keep you from making a mistake.
 

mistoffolees

Senior Member
yup will definitely do so - was hoping to get some informal insight into what to expect ahead of time...
Then, informally, you're going to be asked to answer a bunch of questions. They will start with simple things like your name, date of birth, etc. You will be required to answer them 100% truthfully. However, you should NOT volunteer anything beyond a direct answer to the question.

If they ask "do you have money hidden away in the Bank of America?" and you don't, then you answer "no". You do not answer "no, but I have money in BancFirst". Of course, they're not likely to ask that kind of question. They will more likely ask "please list all of your assets located anywhere in the world" and you will be required to answer that question fully and honestly.

There may be questions which they can't legally ask - and your attorney will object. Therefore, it is common practice to wait a second or two before answering questions to give your attorney a chance to object if he's going to. Unless your attorney objects, you're going to have to answer whatever they ask.
 

Ohiogal

Queen Bee
Then, informally, you're going to be asked to answer a bunch of questions. They will start with simple things like your name, date of birth, etc. You will be required to answer them 100% truthfully. However, you should NOT volunteer anything beyond a direct answer to the question.

If they ask "do you have money hidden away in the Bank of America?" and you don't, then you answer "no". You do not answer "no, but I have money in BancFirst". Of course, they're not likely to ask that kind of question. They will more likely ask "please list all of your assets located anywhere in the world" and you will be required to answer that question fully and honestly.

There may be questions which they can't legally ask - and your attorney will object. Therefore, it is common practice to wait a second or two before answering questions to give your attorney a chance to object if he's going to. Unless your attorney objects, you're going to have to answer whatever they ask.
At a deposition, he is going to have answer anyway. The objection however will be on the record. And thus it will not be admissible in court depending on how a judge would rule. HOWEVER, all questions get to be answered at a deposition.
 

mistoffolees

Senior Member
At a deposition, he is going to have answer anyway. The objection however will be on the record. And thus it will not be admissible in court depending on how a judge would rule. HOWEVER, all questions get to be answered at a deposition.
Thank you. I was deposed only once (about 15 years ago) and I forgot that element of it.

The rest of it still applies. Do not volunteer information you're not asked and answer the questions fully and honestly.
 

Ohiogal

Queen Bee
Thank you. I was deposed only once (about 15 years ago) and I forgot that element of it.

The rest of it still applies. Do not volunteer information you're not asked and answer the questions fully and honestly.
Yep. i agree with Misty.
 

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