If your divorce case in Georgia has moved into the discovery phase, the word “deposition” may have come up. This is a normal part of the process, and learning what to expect ahead of time can help ease much of the stress you may feel.
The purpose of a deposition in a Georgia divorce
A deposition is a formal, sworn statement provided outside of a courtroom, during which opposing counsel asks questions under oath. Under Georgia law, parties may conduct depositions at any time during the discovery phase. This period generally extends for six months following the filing of the answer, although the presiding judge retains the discretion to extend or shorten this timeline.
Before a deposition, the requesting party must issue a written notice to all involved parties. In the state, this notice clearly specifies the date, time, location and the identity of the individual whom the attorney is deposing.
Should a party to the divorce fail to appear, the court may issue sanctions or an order compelling their participation. Conversely, the requesting party must first serve a witness who is not a party to the divorce with a subpoena to legally compel their attendance. If a subpoenaed witness refuses to comply, the court has the authority to impose comparable sanctions or mandate their appearance.
The stages of the deposition
Once the deposition starts, it follows a structured legal format with clear steps. Here is what you can expect:
- A court reporter gives you an oath before questioning begins
- The other side’s attorney asks a series of questions about your case
- Your attorney sits with you and can raise objections on the record
- A stenographer records all testimony
After the deposition ends, you have the right to review the transcript. You have 30 days after you receive the transcript to submit any changes, along with a signed statement noting your reasons, to ensure the record is accurate.
The value of preparation
You can start preparing for your deposition by thinking about the types of questions that may come up. Topics like spending habits, parenting choices and the reasons behind the split can feel very personal. Giving yourself time to process those subjects can help you stay calm in the moment.
Legal counsel can conduct mock sessions to help you prepare. These practical exercises build familiarity with the format, minimize surprises, and provide an opportunity to refine the clarity and delivery of your responses.