Civil Depositions in Daphne, Alabama
In Daphne, Alabama, a civil deposition is a part of the discovery procedure in civil litigation.
"Discovery" is a procedure that happens before a trial in Daphne, Alabama. During the discovery process, both sides are obligated to make relevant information available to each other.
In Daphne, Alabama, one way to receive this information is to find the people involved in the dispute (whether they're witnesses or parties), and ask them questions about the issues you believe them to have knowledge of. A civil deposition is usually a pretty simple process: the person being deposed is sworn in (they are under oath, just as if they were in a courtroom). Because the whole point of a deposition is to get testimony on the record, a stenographer or video technician will also be present, recording the whole deposition. The lawyer then asks questions of the witness, and the lawyers for the other side are able to object to certain lines of questioning, if they wish.
Conducting A Civil Deposition in Daphne, Alabama
If the parties believe that a witness in Daphne, Alabama won't be able to show up in court to testify during trial, because of age, bad health, upcoming military deployment, possible incarceration, or any other reason, a deposition is a very good way to get their testimony on the record before the trial. Also, if they have to be questioned for several days, it is a good way to save the court's time.
Civil Depositions in Daphne, Alabama can sometimes go on for days, and occasionally even weeks. If you are obligated to appear for a deposition in Daphne, Alabama, it can prove to be a significant inconvenience.
Because of this fact, the law in Daphne, Alabama permits witnesses who are appearing for depositions to be compensated for the expense associated with it. This includes reimbursement for gas, lodging, and food. They can also be paid a certain amount of money for every hour they testify, to compensate them for their time. However, this money can only be conditioned on the witness showing up and giving truthful testimony. Trying to condition it on the witness testifying in a certain way ceases to be compensation, and becomes bribery, which is a crime.
If you are called to a deposition in Daphne, Alabama, it's absolutely essential that you answer all the questions truthfully, to the best of your knowledge. When testifying in a deposition, you are under oath, just as you would be in open court. Deliberately lying in a deposition is perjury, which is a serious crime.
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If you are the defendant or plaintiff in a lawsuit, chances are good that you'll have to appear in a deposition. You should, by this time, already be represented by a Daphne, Alabama civil litigation attorney. You should do whatever they tell you to do (unless, of course, they tell you to lie, in that case you should find a new lawyer).
If you are not directly involved in the lawsuit, you might still have to appear at a deposition, if you have information that's relevant to the case in Daphne, Alabama. You likely don't need to hire a lawyer in that case, but it might be a good idea to at least get a consultation from one.