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.
The Center for Family Law is pleased to announce that Robert Boedeker has joined the firm as of July 2025 as an attorney of counsel. Robert is a 2011 graduate of St. Louis University School of Law. For the past ten years, he has worked at Legal Services of Eastern Missouri, Inc. in the Lasting Solutions Family Law Program, which he co-managed since 2017. At The Center for Family Law, Robert will continue to practice law on family matters and order of protection cases in St. Louis County, St. Louis City, St. Charles County and Jefferson County. Additionally, he is a certified family law Guardian ad Litem and Mediator, and is looking to resume those areas of practice. “Joining The Center for Family Law allows me to dedicate myself again to just representing clients,” said Robert. “At Legal Services, I was dividing my time between clients and my management duties. I am excited to get back to mediating and representing children’s best interests; at Legal Services, often mediation was inappropriate for clients because of the serious domestic violence they were escaping.” He continued, “I loved my time at Legal Services and the clients and colleagues I worked with. But I am now looking forward to focusing just on the courtroom and mediation work. The attorneys at The Center for Family Law have the same passion for serving clients and a wealth of experience that I am grateful to be able to bring to my cases.” “Working in family law is meaningful and can be life-changing for our clients,” said Robert, “and I am glad to join a firm with the right balance of prioritizing conflict-resolution and defending their clients’ interests when needed.” The Center for Family Law welcomes Robert to the team, knowing his experience and personality make him a good fit to continue the firm’s tradition of collaboration and finding solutions for people in need.
We are proud to share that Ann Bauer will be honored at the 27th Annual Women's Justice Awards on April 10, 2025, as one of this year's recipients in the "Mentor" category. This award celebrates experienced legal professionals who have played an important role in guiding and supporting the next generation of attorneys. Ann’s journey in family law began with co-founding her first firm in 2009, eventually leading to the establishment of The Center for Family Law in 2013. What began as a small practice has grown into a dynamic firm with a team of attorneys and staff dedicated exclusively to family law. Ann has been the heart of this growth—leading with purpose, mentoring with compassion, and consistently advocating for positive change. Ann's unwavering commitment to transforming how families navigate legal separation has helped shift the focus from adversarial litigation to a more compassionate approach to resolution, especially within the collaborative divorce process and in mediation. Her philosophy and approach to family law continue to influence and guide a new generation of legal professionals and practitioners she has mentored throughout her career. Whether she's mentoring within the firm or taking the time to speak with a law student, Ann is always generous with her time, wisdom, and support. She also shares her expertise through active service on numerous committees dedicated to family law and domestic violence. Please join us in congratulating Ann on this well-deserved honor. We are grateful for her vision and proud to continue building on the foundation she helped establish at The Center for Family Law.
The Center for Family Law is excited to announce the start of its fourth year hosting the Second Saturday Divorce Workshops, providing valuable support and guidance to individuals navigating the divorce process.