What is a Deposition?

Sometimes child custody and support cases, divorces and paternity cases, alimony and maintenance cases and even traffic ticket and criminal cases, felony and misdemeanor, come down to a “swearing match.”  Each person has a story to tell, which usually favors their side.  One of the Family Law Court Judges in Hillsboro, Jefferson County, Missouri, or a judge in St. Louis County or St. Louis City will have to decide who is telling the truth—or listen to everyone and decide what really happened.

Depositions are a tool which your lawyer may use to help prove your case.  Prior to the trial of your case, a time will be set up where your lawyer will question the other party/ or complainant/ victim and their lawyer. will question you.  A court reporter is hired to take down everyone’s testimony.  A transcript of what is said is prepared by the court reporter.  You than have a chance to hear the other person’s side and figure out what evidence would disprove it.

Depositions are useful for getting information you don’t know.  While questions can be asked in writing, sometimes people don’t give accurate answers if they have time to think about their answers.  A deposition may be the best way to figure out what really happened.  For example. what did the other party do with the money they got when they sold a priceless heirloom or collectible motorcycle.

Depositions can also be used to preserve a witness’ testimony.  Someone may not be available on the trial date so their testimony can be taken ahead of time, transcribed by the Court reporter and then read to the Court.  Sometimes you are not sure what a witness is going to say so a deposition is used to find out.

Depositions are expensive.  The court reporter is paid by the page and the lawyers also have to be paid.  Often times lawyers spend time preparing for the deposition, figuring out just what questions they want to ask.  Consequently, it is a tool which should be used sparingly.