In this episode, Melinda sits down with Dallas family law attorney Lee Budner to break down the discovery and deposition process in family law. They explore how discovery is used to gather evidence, build arguments, and prepare for trial and when depositions are helpful versus harmful. Lee shares his experience with using depositions not just to collect information but to expose inconsistencies, understand complex issues, and sometimes even shift the dynamic in a case. He also discusses when depositions can backfire and how attorneys must strategically decide whether or not to pursue them. All of this and more on this episode of the Melinda Eitzen show!

About the Guest
Lee Budner is a family law attorney in Dallas, TX. To find out more and hire Lee email lee@calabresebudner.com or call (214) 939-3000.

Key Takeaways About Deposition and Discovery
● Discovery is the overall process of gathering facts and evidence to prepare for trial or settlement.
● Depositions are one part of discovery, where parties or witnesses are questioned under oath—often for hours.
● Depositions aren’t necessary in every case. They’re helpful in litigation but may complicate or polarize settlement negotiations.
● In family law, truthfulness is rare and hard to maintain, making depositions useful in revealing dishonesty.
● There’s no “winning” a deposition, don’t complicate it, comply with the process.
● Video-recording depositions is crucial for capturing body language and tone not visible in transcripts.
● Depositions can be effective on third parties, witnesses, or experts for gaining additional understanding.
● A key benefit? You may uncover unexpected information. But the risk? You may also prepare the other side to be stronger at trial.

Notable Quotes About Navigating Discovery and Depositions
“Depositions are a time to pin people down on their lies and get to expose them.” -Lee Budner

“There’s no winning in depositions.” -Lee Rudner

“Plus—you might find some gems. Minus—you might be helping them prepare for the next phase.” -Melinda Eitzen

“There is no substituting human connection” -Melinda Eitzen