One of the best evidence-gathering tools that a divorce litigant has at his/her disposal is a deposition.
What is a deposition?
To answer that question, you first need to understand that a deposition is one of several different discovery tools.
What is discovery?
The discovery process in a divorce involves seeking and producing information, documents, and sworn testimony as evidence to use in narrowing the disputed issues in the case, helping each side engage in better-informed settlement negotiations, and, if the case does not settle and goes to trial, discovery helps the disputing parties to prepare their respective cases for trial. Discovery occurs after the parties have filed their initial pleadings with the court.
During the pendency of your divorce case you will engage in the discovery process in several ways as generally outlined in Utah Rules of Civil Procedure (URCP) Rule 26, such as, initial disclosures, financial declarations, written discovery requests (interrogatories, requests for production of documents, requests for admission), and depositions, to name the most common.
So, now will you tell me what a deposition is?
Yes. A deposition is sworn testimony given out of court (i.e., not at the courthouse in a courtroom) by a party witness or some other witness in response to oral questions by the opposing party’s attorney. In Utah, the rules governing depositions are outlined in Rule 30 of the Utah Rules of Civil Procedure. The deposition is transcribed by a court reporter and in many cases, it is also recorded audio- and video-recorded.
You could ask the same questions that you would ask in a deposition, in your written requests for discovery which include interrogatories, requests for admission, and requests for production of documents. Answers to written discovery will be filtered through your spouse’s attorney to provide the most effective non-answer. If your spouse is asked the same questions during a deposition, his or her attorney can object to a question, but the question must still be answered. The objections will be recorded and noted on the record and the answer will be subject to the objection (meaning whether the court finds that the objection was warranted and sustainable as outlined on URCP 30(c)(2)). Your attorney can ask follow-up questions to your spouse’s real-time responses, clarifying vague answers and probing deeper into key issues.
Depositions also force your spouse to commit to positions he or she will have difficulty walking back later at trial. Your spouse’s words are preserved in a transcript and can be read back to them in court to confront any inconsistencies. This is one of the reasons the record of deposition testimony may later be used at trial, if your spouse’s testimony at trial is inconsistent with or outright contradicts his/her deposition testimony.
Credibility is crucial in your divorce case. A deposition places your spouse in a high-pressure environment where he/she must answer questions without the benefit of having his/her answers filtered through or coached by your spouse’s attorney. If your spouse was dishonest (either during his/her deposition or at trial), the record of your spouse’s deposition is powerful evidence that shows this clearly. Credibility can be a decisive factor in the major issue of your case, and shining a light on a dishonest spouse’s dishonesty helps ensure the court is not misled as to the relevant facts.
Depositions are not cheap. Cost is a concern, depending on whether your litigation budget can accommodate taking one or more depositions in the course of discovery. The costs of a deposition include court reporter fees, attorney fees, transcription fees, room booking (if the deposition is in person), just to name a few. The average cost of a 4-hour deposition in Utah runs around $2,500 to $3,500 (as of May 2025). Sometimes, the cost of a deposition outweighs its evidentiary value.
Generally, however, nailing your spouse’s story and/or the stories of other key witnesses–and doing so early in the discovery process–through taking depositions is one of the best ways to ensure the truth is known. A properly conducted deposition can often make or break a case. If your attorney hasn’t discussed the subject of taking depositions in your case, and if you believe you afford the costs of one or more depositions, raise the subject. Don’t overlook the potential value of a deposition.
Utah Family Law, LC | divorceutah.com | 801-466-9277