Preparing for Depositions
Ann Bauer • September 16, 2019
Both parties in a family law dispute have the right to engage in discovery which may include depositions. A deposition is a witness’s out-of-court testimony, under oath, used to gather information as part of the “discovery process,” which occurs when a case is contested and headed toward trial. If you are being deposed, the attorney for the other side will ask you questions. The person being deposed is called the “deponent.” A court reporter will be present to record the questions, your answers, and any objections made by your attorney in order to create a transcript. The transcript may be used at trial by your attorney to help provide the judge with additional evidence or by the attorney on the other side in an attempt to “poke holes” in your testimony during cross examination at trial.
Below are tips to help prepare you for depositions.
- Listen carefully to the questions you are asked. This might be the single most important piece of advice. A witness who follows this advice accomplishes many of the goals of a successful deposition. Wait until the question is finished before beginning to answer. Answer if you understand the question. Answer the question asked, and only that question. Give your lawyer the opportunity to interject an objection in a timely fashion. Let the examining attorney finish the question before the answer is given.
- Be sure you understand a question before you answer. A witness does not do anyone a favor by trying to answer a question he or she did not understand. Lawyers are fond of asking long, complex and often convoluted questions, not necessarily to confuse the witness, but often with that result. If the question is too long, contains words the witness does not understand, or just does not make sense, the witness should ask to have the question rephrased. If you do not understand the question, say so.
- Answer the questions clearly and simply. The best answer is a short one. Any question that can be answered “yes” or “no” should be. Do not delve into lengthy explanations in response to the simplest questions. This has the effect of prolonging the deposition and possibly causing the examining lawyer to inquire into areas that would otherwise have been missed.
- Answer only the question you are asked. A witness should concentrate on what the lawyer asks, and answer only that question as briefly as possible.
- Do not volunteer information, and do not guess or speculate. You are not there to tell the other lawyer your story, you are there to answer questions. Witnesses are sorely tempted to want to “get to the point”. Although a witness might believe the lawyer is either unable or unwilling to find out what he knows, the deponent should simply answer the questions asked and nothing else. If you are going to tell a story, let it be under your lawyer’s guidance in front of the Judge! Make the attorney deposing you work for the information; never give more than they ask for.
- If you do not know or recall the answer to a question, say so. Some witnesses feel they have to answer every question. The simple truth is a witness will not remember or know the answer to every question. It is perfectly acceptable to say so. In fact, it is much better for you to admit that you do not know or recall something than to guess or speculate about an answer and be wrong.
- Refer to exhibits if they contain the information necessary to answer questions. A witness is frequently asked to read, describe or interpret information that is contained within an exhibit. Take all the time that you need to read and review an exhibit. In addition, if it is necessary to refer to an exhibit to give accurate testimony, do so.
- Do not hurry. Some witnesses, anxious to have the deposition over, think they should answer questions as quickly as possible. However, answering questions too quickly causes many problems. For example, when the witness and the questioning attorney talk at the same time, it becomes impossible for the court reporter to transcribe accurately. Ironically, answering questions too quickly will likely have the effect of prolonging the deposition, not ending it. A brief pause between the end of the question and the beginning of the answer gives the lawyer time to finish the question and gives the witness time to consider the answer. If you become concerned and wish to consult with your attorney, request a break.
- Be courteous, polite and respectful. Never argue with the lawyer. Let the lawyers do the arguing. Depositions are serious business and should be treated as such.
- Tell the truth. The oath that you take at the beginning of the deposition is the exact same oath you take when appearing in Court before a judge. A witness should tell the truth, the whole truth, and nothing but the truth. Most people are not used to talking that way, but it’s the best way to avoid trouble in a deposition
If you are interested in consulting with one of our experienced attorneys at The Center for Family Law, we would be happy to sit down with you. To schedule a consultation, go here
or call (314) 721-8844.
We are proud to share that the Center for Family Law ha s received the Gerald R. Ortbals Law Practice Award at the 2026 For the Common Good Awards, presented by Legal Services of Eastern Missouri (LSEM). The ceremony was held in August at the Ritz-Carlton, bringing together the region's legal community to celebrate outstanding contributions to access to justice. A Firm-Wide Commitment to Pro Bono Service The Ortbals Award recognizes The Center for Family Law's longstanding dedication to pro bono service. The firm's attorneys have consistently been among LSEM's most active, reliable, and supportive partners for family law referrals. Family law cases are rarely simple. They often sit at the intersection of a client's safety, stability, and the wellbeing of their family. The attorneys who take on this work do so knowing the stakes are personal and the outcomes matter deeply to the people they represent. While LSEM has previously honored individual attorneys from the firm for their pro bono contributions, this year's award is different: it celebrates The Center for Family Law as a whole. It reflects a culture, built over more than two decades, where taking on complex, often difficult family law matters for clients who could not otherwise afford representation isn't the exception, it's the norm. That kind of consistency does not happen by accident. It is the result of firm leadership prioritizing pro bono work, attorneys stepping up case after case, and a shared belief that access to skilled legal counsel in family law matters shouldn't depend on a client's ability to pay. Thank you LSEM for this honor !
We're delighted to announce that our attorneys' hard work and commitment to clients has once again been recognized by their peers. This year, four members of The Center for Family Law team have earned spots in the 2027 edition of Best Lawyers. Ann Bauer - Best Lawyers list for family law, family law mediation, and collaborative law (family law). This marks Ann's 13th year on the list. Allison Gerli - Best Lawyers list for family law, family law mediation, and collaborative law (family law). This is Allison's 4th year of recognition. Kristen Sparks - Named to the Best Lawyers "Ones to Watch" list for family law, family law arbitration & mediation, and alternative dispute resolution. This is Kristen's 2nd year being honored. Hallie Van Duren - Named to the Best Lawyers list for family law, family law mediation, and collaborative law (family law). This is Hallie's 3rd year of recognition. In addition, The Center for Family Law itself has been named a Best Law Firm for 2027 in St. Louis as Tier 1 for Family Law and Family Law Mediation. About Best Lawyers Since 1983, Best Lawyers has stood as one of the most trusted guides to legal excellence. Attorneys featured in The Best Lawyers in America are nominated and reviewed by their peers based on professional skill, and each undergoes a thorough verification process confirming they are actively practicing and in good standing. About The Center for Family Law. Founded in 2013, The Center for Family Law offers full-service representation across all areas of family law, guided by a philosophy of partnership with clients and fellow professionals. We believe an attorney's role is to work alongside clients — helping them understand their options and giving them the knowledge and confidence to make sound decisions for their future. To schedule a consultation, click here .
The Center for Family Law celebrates Courtney Green's recognition at the 2026 Missouri Lawyers Media Women’s Justice Awards in the Mentor category, recognizing her outstanding contributions to the legal profession and her commitment to the development of attorneys starting their careers. The 28th annual Women’s Justice Awards on April 16, 2026 celebrated women across Missouri who exemplify leadership, integrity, service, and excellence in advancing the quality of justice. Honorees are selected from diverse sectors of the legal community, including private practice, the judiciary, public service, academia, and nonprofit leadership. The Mentor Award is presented to experienced legal professionals who have played a meaningful role in shaping the careers of emerging attorneys. Throughout Courtney's career, which she has spent with The Center for Family Law, she has demonstrated a deep dedication to mentorship, offering guidance, encouragement, and opportunities to those entering the profession, both in and out of the firm. Courtney has been devoted to fostering professional growth and helping cultivate the confidence and skills of future leaders in the law. Please join us in congratulating Courtney on this well-deserved recognition. We are honored to have her as part of our firm and grateful for the example she sets within our profession and community.