When people think of depositions they are usually thinking of big money challenging corporate type of cases. Most attorneys fail to consider the use of depositions in a custody case. They are mistaken and wrong!
Depositions allow for the development of key evidence during a custody case. The deposition allows for you to secure evidence under oath that can be used at trial. The deposition allows you to ask questions that you couldn’t ask at trial. The rules of evidence are more lax. The deposition secures the testimony. You can ask a question in deposition, such as: “Why do you think the child should live with you?” The deponent may give one answer at deposition but try to give another answer at trial. The deposition prevents this from happening. It prevents changing of answers.
Still another reason to use depositions is because you can actually find out something new. When a person is being deposed it is stressful. It causes people to talk…usually more than they should. You actually find out about more about facts than you would if you didn’t use a deposition. This is why depositions can be a key point in your custody case.
Use this very underutilized tool when you are faced with a challenging custody situation. To learn more about how a deposition can impact on your case contact our litigation experts who use these depositions in custody cases, child support cases and divorce cases. Call us at 505-880-8737 or email us at info@JusticeLegalGroup.com.