Surviving Questioning: It's Not Like the Movies.
There is no Judge. There is no jury. But everything you say is recorded. Learn how to handle "Examination for Discovery" without damaging your case.
Legal Review: This preparation guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with Rule 20 of the Family Law Rules regarding Questioning (2026).
Too Busy to Read? The 30-Second Answer
"Questioning" (often called Discovery) is a pre-trial interview where the opposing lawyer asks you questions under oath.
It happens in a private boardroom or via Zoom, not a courtroom. There is no Judge present.
To get you to admit facts that hurt your case ("Admissions") and to assess if you are a credible witness.
A verbatim transcript is created. If you tell a different story at trial, this transcript will be used to destroy your credibility.
Who is in the Room?
Lower your anxiety by knowing the players.
The Court Reporter
Role: The most important person. They record every single word you say. They do not care who wins; they only care about accuracy.
The Opposing Lawyer
Role: The Interrogator. Their job is to ask open-ended questions to get you talking, or specific questions to trap you in a lie.
Your Lawyer (Tailor Law)
Role: The Bodyguard. We sit next to you. We cannot answer for you, but we can object to improper questions and protect you from harassment.
How to Answer Without Hurting Yourself
The opposing lawyer wants you to ramble. Do not help them.
Rule #1: Listen, Pause, Answer.
Never interrupt. Wait 2 seconds after the question. This gives your lawyer time to object.
Rule #2: "Yes", "No", or "I Don't Know".
Do not volunteer information. If they ask "Do you own a car?", say "Yes." Do not say "Yes, a 2020 Honda that I bought with my mom's money..."
Rule #3: Do Not Guess.
If you are 90% sure, the answer is "I don't recall." Guessing leads to perjury.
The Homework: What are Undertakings?
You will likely be asked for documents you don't have with you (e.g., "What was the balance of your Visa on July 1st?").
The Definition:
An Undertaking is a formal legal promise to find that document and send it later. Your lawyer will keep a list. You must fulfill these promises, or the court can strike your pleadings.
Questioning Myths
The Perry Mason Moment
Myth: "The lawyer will scream at me until I break down and confess."
The Boring Truth
Reality: Good lawyers are polite. They kill you with kindness because people talk more when they feel comfortable. It is usually a boring, slow process of going through documents.
Common Questions About Being Grilled
Don't Walk in Unprepared.
The deposition is where cases are won or lost. We put our clients through a "Mock Questioning" session so nothing surprises them on the day of.
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Deepa Tailor, Senior Family Lawyer
Deepa Tailor is the founder of Tailor Law. She is known for her rigorous preparation of clients for Discovery, ensuring they remain calm and credible under pressure.
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