"EBT" stands for Examination Before Trial and 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.
EBTs in Matrimonial Law
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.
This means that questions related to
custody are not allowed. However, anything related to finance is fair game. Typically,
both parties are present during the EBT; however, a party need not be
present during their spouse's deposition.
It is important to speak with your attorney before your deposition in order
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
After Your EBT
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. Friedman & Friedman PLLC, Attorneys at Law helps clients across Long Island
and throughout the state of New York. Let us answer your questions!