What is an EBT?

An EBT, which stands for Examination Before Trial, is synonymous with the term deposition.  This is discovery mechanism in litigation where each party is questioned under oath by the other party's attorney.  

At an EBT there is a stenographer who transcribes the questions and answers.  In matrimonial law, in the Second Department, an EBT is limited in scope to financial issues.  That means, questions related to custody are not allowed.  However, anything related to finance is fair game.  Typically during the EBT both parties are present, however, a party need not be present during their spouse's deposition.  

It is important to speak with your attorney before your deposition to prepare.  It is important to also remember that your deposition can be used later during trial.  Specifically, while testifying at trial, should you answer a question differently than you did during the EBT, you are vulnerable to being impeached, which may diminish your credibility with your judge.  

When the deposition is complete you will receive a copy of the minutes.  It is important to then review the document and if any corrections are necessary to write them down on the Errata sheet.   Once you complete this, you will sign the transcript and have it notarized.  

To learn more about how to prepare for your EBT, or about the discovery process in litigation, speak with a lawyer in our office. 

Categories: Divorce