Written discovery can reveal substantial information in a California divorce or other family law proceeding, but sometimes written answers are not enough. A party may need an opportunity to ask questions directly, explore the answers in real time, and establish a clear record of another person’s testimony.

An oral deposition is a formal discovery procedure that can serve those purposes. Depositions may be used to learn relevant information, establish a witness’s position before trial, and preserve testimony that may later be important if the witness gives inconsistent testimony in court.

A Deposition Allows Direct Questioning Before Trial

A deposition generally involves questioning a person under formal discovery procedures before trial.

Unlike interrogatories, where questions and answers are exchanged in writing, an oral deposition allows follow-up questions based on the witness’s responses.

This can make depositions especially useful when an issue cannot be adequately explored through written discovery.

The person being questioned is called the deponent. California discovery rules permit oral depositions of parties and other individuals. Corporations, partnerships, governmental agencies, and other entities can also be deposed under applicable procedures.

When an entity is deposed, the subject matter of the examination can be identified so that the entity provides an appropriate officer, employee, or other person to testify on its behalf.

Depositions Can Establish a Witness’s Position

One important purpose of a deposition is to determine what someone knows and what position they are taking on disputed facts.

The testimony can then become important later if the witness provides materially different testimony in court. Prior deposition testimony may be used, when appropriate, to contradict or impeach later testimony.

This gives depositions a function beyond simple information gathering.

A deposition can help define what a witness is actually prepared to say about disputed property, financial transactions, parenting issues, business matters, or other subjects relevant to the family law case.

Because questioning occurs in real time, the examiner can also explore unclear or incomplete answers immediately instead of waiting for another round of written discovery.

Depositions Have Procedural and Practical Limits

California imposes rules concerning when depositions can occur.

Without court permission, a petitioner generally cannot serve a deposition notice until at least 20 days after service of the summons and petition or the respondent’s appearance. The deposition itself generally cannot be scheduled sooner than 10 days after service of the notice.

There are also limits on repeatedly deposing the same person. Without a stipulation or court permission, only one deposition generally may be taken of a particular deponent.

Depositions can also be more expensive than many written discovery methods, making it important to determine whether the information sought justifies the procedure.

Depositions Can Reach Important Third-Party Information

Family law evidence is not always held by either spouse or parent.

California discovery procedures can also be used to obtain qualifying business records from nonparties through an appropriate deposition subpoena. Depending on the issues, third-party records may become relevant to financial, property, or other disputed matters.

A deposition is therefore one of several discovery tools available in California family law. Its particular strength is the ability to ask direct questions, follow up immediately, and establish testimony before trial.

When a case involves important factual disputes that written responses cannot adequately resolve, a carefully focused deposition can provide a clearer picture of the evidence and the positions that may ultimately be presented to the family court.