If you’re navigating a family law deposition in a divorce case without an attorney, understanding your obligations is essential. While it may feel invasive, the legal system requires you to answer most questions truthfully during a deposition. Here’s why this is necessary and how you can manage tough or uncomfortable situations.
Why You Have to Answer Questions in a Deposition
- Depositions Are Part of Discovery:
The discovery process allows both parties to gather as much relevant information as possible. Even questions that seem unrelated might help the opposing party build their case. - You’re Under Oath:
Depositions are conducted under oath, meaning you’re legally obligated to answer truthfully. Failure to do so could result in perjury charges or harm to your case. - Avoid Legal Consequences:
Refusing to answer a legitimate question can lead to the other party filing a motion to compel. If the court grants it, you may be forced to answer and potentially face fines or other penalties for noncompliance.
What to Do If You Don’t Want to Answer
Even though you’re required to answer most questions, you still have options if a question feels overly personal, harassing, or inappropriate.
- Ask for Clarification:
If the question is unclear, ask the opposing attorney to restate or specify what they are asking. This gives you time to think and ensures your response is accurate. - Take Your Time:
You are not required to answer immediately. Take a moment to collect your thoughts before responding. Staying calm can help you frame your answer more effectively. - Use Neutral Responses:
When answering difficult questions, stay factual and avoid unnecessary elaboration. For example:- If asked about an incident you don’t recall well, say, “I don’t remember the exact details.”
- If the question feels intrusive, you can respond factually without providing extra information.
- Politely Decline Certain Answers:
If a question is blatantly inappropriate or irrelevant, you can calmly say, “I’m not sure how that question is relevant to the case.” While you may still need to answer if pressed, this can buy time and show your discomfort with the question.
How to Stay in Compliance While Protecting Yourself
- Be Honest:
Always tell the truth. Saying, “I don’t know” or “I don’t recall” is acceptable if it’s the truth. Don’t guess or speculate. - Stay Calm and Respectful:
Even if you feel pressured, remain composed. Avoid arguing or showing frustration. - Focus on the Question:
Only answer what is asked. Do not volunteer additional details unless specifically requested. - Request a Break if Needed:
You’re allowed to ask for a short break if you feel overwhelmed or need time to refocus.
What to Do If You Feel Bullied by the Other Attorney
- Remain Polite but Firm:
If the opposing attorney’s tone becomes aggressive, don’t retaliate. Stay calm and composed, and respond in a neutral tone. - Document the Behavior:
After the deposition, write down any instances where you felt harassed or bullied. If the deposition is recorded (it usually is), this behavior will be on record. - Use the Court Reporter to Your Advantage:
A court reporter is present to transcribe everything said. If you feel bullied, you can say something like, “I feel uncomfortable with the way the question is being asked.” This ensures your concerns are noted in the transcript. - Stick to Factual Responses:
Avoid engaging emotionally. Respond with facts and avoid letting their behavior influence your answers.
Key Takeaways
- You must answer most questions during a deposition, even if they feel uncomfortable.
- If you’re unsure or uncomfortable, ask for clarification, take your time, and stick to short, factual answers.
- If you feel bullied or harassed, document the behavior and stay calm—your demeanor matters.
Navigating a deposition without an attorney can be intimidating, but preparation and staying composed can help you handle the process effectively.
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Disclaimer: This information is provided for educational purposes only and should not be construed as legal advice. For personalized legal guidance on third-party insurance claims or related matters, consult with a qualified attorney familiar with the law in your jurisdiction.