Deposition: What it is and How to Prepare

A deposition is a formal, sworn question‑and‑answer session used during the discovery phase of a Florida Family Law case. It takes place outside the courtroom, usually in an attorney’s office, where both attorneys ask questions while a court reporter records everything under oath.

Depositions help clarify the facts, narrow down the issues, and prepare your case for mediation or trial. With preparation and guidance, most clients find the process straightforward and far less stressful than they expected.

• Preparation

  Dress in professional, simple, attire that is not flashy or distracting. Get a full night’s sleep and avoid alcohol or medications that could affect your focus. Arriving feeling clear and steady as being alert will make the process smoother.

• Mindset and Demeanor

  Pause before answering, stay calm, and listen carefully. Speak slowly and deliberately, and keep your answers short. Feeling pressure or discomfort is normal, and maintaining a steady, composed tone will help you stay in control.

• Honesty and Confidence

  Be completely honest. Anything less can damage your credibility later. Do not be intimidated. Sit confidently, stay patient, and focus on clear, truthful answers.

• Simple, Safe Answers

  The simplest answers are often the best: “Yes,” “No,” “I don’t know,” and “I don’t remember.” Use “I don’t know” only when you never knew the information. Use “I don’t remember” when you once knew but cannot recall now, and use it sparingly. If you truly remember later, you may clarify. Try to avoid saying “I don’t know” and then later remembering, which can appear inconsistent.

• How to Handle Questions

  Maintain appropriate eye contact. Pause briefly before answering so your attorney can make any necessary objections. If your attorney objects or instructs you not to answer, stop immediately and wait. Do not look to your attorney for hints. Answer only from your own knowledge.

• Understanding Each Question

  Answer only the question that is asked. If you are unsure, ask to have the question repeated or rephrased. If interrupted, calmly state that you would like to finish your answer. Read any document you are shown in full before responding, and only bring documents if your attorney asks you to.

• Keep It Brief and Focused

  Give the shortest truthful answer and stop. Do not ramble, tell stories, think out loud, or fill silence. Attorneys may use silence strategically, so allow it. Long answers often reveal information you do not need to share.

• Watch for Tricky or Misleading Questions

  Avoid guessing what someone else thinks or feels, and avoid hypothetical questions. If a yes‑or‑no answer would be misleading, it is appropriate to say you cannot answer yes or no without explaining. Correct false assumptions in questions. Do not accept forced choices if neither option is accurate. If asked “Is that all?” it is appropriate to say, “That is all I can remember right now.” Never volunteer extra information, even if you think it seems harmless. Be cautious with absolutes such as “always” or “never,” and with leading phrases like “Isn’t it true that…?”

• Managing the Flow of the Deposition

  Ask for a break whenever you need one such as if you are nervous, confused, or overwhelmed. Do not apologize for not knowing or remembering. A simple, calm “I don’t know” or “I don’t remember” is sufficient. Do not let opposing counsel summarize your testimony inaccurately; correct any errors immediately. Do not agree to statements that are not entirely true, and do not rephrase the attorney’s question for them.

• Professional Etiquette & Final Reminders

  Do not interrupt. If you are cut off, calmly say that you would like to finish. Do not argue or joke, rather maintain a respectful, steady tone. Correct mistakes as soon as you notice them. Save your opinions about the questions for private conversations with your attorney during breaks. Remember that nothing is off the record, including small talk. Finally, do not agree to do anything after the deposition ends.

Take the process seriously, while staying calm. Keep your answers brief, and trust that, with preparation, you can handle this very well.

© Kneller Law LLC