All eyes are on the DeBoer trial, a potentially groundbreaking case for marriage equality and families across Michigan.
However, coverage of the case can be peppered with legal mumbo jumbo. While we patiently follow the DeBoer case, we may find ourselves wondering what it all means and asking ourselves questions like, “What is a deposition and why is it important?”
Well, we are here to help clarify.
Depositions are the precursor to trial testimony. When a trial date is set, both parties are required to submit lists of the witnesses they plan on calling to the stand to testify.
Each side receives the opponent’s list and then has the right and ability to examine the witnesses, ensuring that each side is equally prepared for trial and that the process is fair. Despite the sensationalization of the legal system on television and in movies, there are no surprises in real life trials. Depositions make sure of that.
How? Well, after each side receives the lists of witnesses, they depose those them. Depositions most often take place in an attorney’s office, with attorneys, the witness being deposed (deponent), and a court reported who transcribes the entire deposition for the record.
The parties involved may also be present, but it is not necessary to the process. Judges rarely attend the depositions, except under special circumstances.
What happens? First, the deponent is sworn under oath. This ensures the veracity of the testimony being given, so that it cannot be revoked on the stand. Deponents face the same consequences for perjury during a deposition as they do during trial testimony.
Next, the attorneys ask as many questions as they believe to be relevant to the case. Depending on the case, the witness, and the testimony being given, depositions can take as little as fifteen minutes or as long as several days.
Why take a deposition? Depositions are extremely important to all trials. They give attorneys for both sides the opportunity to determine what damaging testimony they will be up against in court during the trial.
By eliciting this information during a deposition, attorneys then have the opportunity to find ways to strengthen their argument for court or find strategies to undermine the potentially damaging testimony. Additionally, depositions eliminate any chance that opposing sides will bring a surprise witness to the stand and leaving the other side unprepared for cross examination.
In the DeBoer case, the deposition process was extremely important. Because so much of the case rests on the testimony of expert witnesses regarding LGBT families, depositions gave the plaintiffs’ attorneys the opportunity to find out what experts and what studies the State would be using to argue against adoption and marriage equality.
Through depositions, the plaintiffs’ attorneys gained an understanding of the State’s arguments and could get ready to dismantle these arguments detail by detail.
Since witness testimony concluded today, we will be posting a summary of each witnesses' testimony before closing arguents begin tomorrow.
To talk about the sweeping changes we've seen in the last decade and look at some upcoming challenges, we're talking about Marriage Matters. This series of blogs takes a look at history of the fight for LGBT rights in Michigan to an in-depth look at the DeBoer case, which could impact marriage equality in Michigan.
By Lauryn Pennington, Intern
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Marriage Matters
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