Discovery and Deposition: Two Important Components to Texas Family Law Cases

Generally speaking, discovery is the process by which you and your opposing party to a legal case can obtain information from the other party in preparation for a trial. In numerous divorce or child custody cases, discovery requests accompany an Original Petition. Discovery plays a crucial role in case development and strategy formation for trial. Conversely, it can aid in reaching reasonable settlements in mediation rather than proceeding to trial, benefiting both sides of the case.

How extensive will the discovery process be in your case?

First, we would need to consider you and your opposing party’s willingness to request specific pieces of information about the other. Your financial, social, and familial relationships with each other are all relevant in a family law case. Your attorney can craft requests for documents, responses to questions, and other information that can take a great deal of effort to produce. However, if you and your spouse have had little in the way of financial problems, marital infidelity, or other problems then your discovery process may be more informal or simple than other folks.

The complexity of your case determines the extent of the discovery process. Agreement between you and your spouse on custody arrangements simplifies matters, while contentious custody disputes require thorough discovery. Factors like family violence and substance abuse escalate the need for detailed investigation in potentially volatile situations.

Finally, some attorneys may insist on extensive discovery, even when it’s not essential. My advice: talk to prospective attorneys before starting your family law case to gauge their approach to discovery. While some cases require thorough investigation, others may need minimal effort. Avoid unnecessary expenses by ensuring your attorney’s strategy aligns with your case’s needs.

What to do if you are a father who wants primary custody of your child?

Depending upon whether you are a mother or father, there are different tactics or strategies that you can implement in your case to provide you with an advantage in the area of child custody. How much you can see your child, as well as the rights and duties you have in conjunction with them, is the most important part of any family law case. Many fathers come to our office with questions about how they can put themselves into situations where they can successfully argue for primary custody.

In a family law case, amidst all the legal complexities and strategies, the ultimate goal is to prove that you are a better parent than your wife. It might seem oversimplified, but it’s the reality. This doesn’t require showcasing perfection as a father or vilifying your wife. Rather, it means presenting yourself as the more suitable parent for primary caretaking responsibilities of your kids.

Judges frequently encounter difficult decisions, especially when selecting the primary caretaker for children, whether it’s the mother or father. Ideally, this scenario doesn’t apply to you and your family. However, it’s essential to remember that being named the primary caretaker doesn’t require a father to have a flawless record.

The basics of a family law case break down according to your being able to present the strengths of your case and simultaneously being able to weaken the evidence set forth on behalf of your opposing party. A lot of this will be in the hands of your attorney who will be guiding you throughout the life of your case.

Who will you select to testify in your family law case?

Part of building a successful case strategy with your attorney is working with him or her to build up a strong list of potential witnesses for your temporary orders hearing or trial. Witnesses are people that can testify on your behalf in a courtroom to add to the evidence that you are presenting to the judge. Witnesses can be people from your family, your community, your child’s school, or anyone else who knows you and your family. Expert witnesses can also testify about their experience or knowledge in a specific field relevant to your case.

From the outset of your case, your attorney will have asked you to compile a list of folks who have direct knowledge of you and your family. Not all of these individuals will testify in a hearing or trial, but your attorney can assist you in making decisions regarding this matter. You want to use these witnesses to present information but also to project an image about you. If your witnesses seem dishonest, unpresentable, or insincere that weakens their credibility and your own.

You do not want to select people who have no direct experience or knowledge of your family. Those people who have interacted with you, your spouse, and your children a great deal are the best options when it comes to witnesses.

Is it necessary to have a specific number of witnesses?

In large part, the answer to this question depends upon how many good witnesses you have available to you. In some cases, your judge will not allow enough time in your trial to have all of your witnesses testify. You will likely be given a roadmap at the beginning of your trial from the judge on how much time you will be allotted to present your case. You and your attorney will need to then make a decision as to what sort of case you want to present and what witnesses you will choose to call.

What is a deposition, exactly?

A deposition is an opportunity for your attorney to ask questions of any potential witness that your opposing party may call in a trial- including your spouse. Your attorney can learn a great deal about the opposing party by asking him or her questions in a deposition, or any of their witnesses. You can learn what the person will potentially be testifying to in a trial and can also learn more about their case by obtaining important information.

In deposing your opposing party in a divorce case, you can find out what your wife plans on testifying to on a variety of subjects. This can help guide you as far as what you want to request in further discovery questions or even whether or not you want to pursue this case to a trial. Sometimes you will be confronted with unreasonable demands, accusations, and allegations from a spouse in your divorce. You may find that those allegations are baseless and are so to a judge. However, if your spouse’s testimony is credible that can present challenges to your case.

Of course, your spouse or any other witness can change their testimony in between the time of your deposing that person to your trial. However, if this occurs then that person could and should lose a great deal of credibility with the judge. Deposition testimony carries significant weight in court, particularly if it was videotaped, allowing direct presentation to the court. Even without video recording, testimony from depositions can be read to highlight any inconsistencies or changes, facilitating the presentation of evidence to the court.

How honest does the witness seem while being questioned?

This is something that you cannot learn from reading the deposition transcript alone. You will need to be able to get a first-hand impression of how the witness presents him or herself as well as the content of their answers. Does the person seem like they cannot keep their emotions under control? Are their answers nonsensical? Or does the person come off as a polished witness who is capable of providing compelling testimony? Seeing the person issue responses under oath is the only real way to find this out.

Getting down to the facts of your case- depositions can provide you with information

Finally, depositions allow for parties to be able to obtain more information about their case. If you have been unable to access information from any other source, a deposition may provide you with the names, addresses, whereabouts, and other critical details that have been missing from your case to that point.

What you learn in your deposition could impact the remainder of your discovery phase. You may need to follow up on information that you learned in the deposition. Specific bits of information like the phone numbers or addresses of potential witnesses, or financial documents. What a deposition also does is supply your case with facts. Those facts may work in your favor or against you, but regardless you should be operating from a better position as far as knowledge is concerned after your hearing than before.

What to expect if you are being asked to testify in a deposition

If you are the subject of a deposition, you will likely need to go to the office of the attorney who works for your opposing party. That attorney will have you set up in the conference room in their office. Your attorney, a court reporter, and the other party’s attorney will be present. If your attorney has asked the opposing party in your case to come in and testify then he or she will likely be testifying immediately after or before your deposition.

In large part, the personality and demeanor of each attorney will drive how your deposition proceeds. Many attorneys are laid back and informal in depositions. They will make it seem like you are on a walk in the park while you are being questioned. Other attorneys will attempt to intimidate you into giving the answers that he or she wants to hear. In reality, some attorneys feel that obtaining information from you by being friendly is the best method to choose. It all depends on the type of case you have and the type of attorney sitting across the table from you.

We will continue to discuss depositions in tomorrow’s blog post. Specifically, we will lead off by taking note of what you can expect in your deposition as well as the sort of questions that you will be asked.

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Other Articles you may be interested in:

1. What is and Why do I need to do Discovery in my Texas Divorce?
2. You’ve filed your Divorce… now what? The “Discovery Process” and why it’s important
3. 6 things You Need to Know Before You File for Divorce in Texas
4. I Want a Texas Divorce but My Husband Doesn’t: What can I do?
5. Am I Married? – Marital Status in Texas
6. Can I sue my spouse’s mistress in Texas?
7. 6 Tips – On How to prepare for a Texas Divorce
8. Roadmap of Basic Divorce Procedure in Texas
9. 6 Mistakes that can Destroy Your Texas Divorce Case
10. Does it Matter who Files First in a Texas Divorce?
11. What is discovery and how might it affect my Texas divorce?
12. Discovery in Texas Divorce Cases

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Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.