Civil Depositions in Martinez, California
In Martinez, California, a civil deposition is a part of the discovery process in civil litigation.
In Martinez, California, "discovery" is a time-consuming procedure that occurs before a case goes to trial. In the process, each side of the lawsuit is legally required to disclose all of the relevant information they have in their possession to the other side.
One way to acquire this information in Martinez, California is to conduct a deposition. A deposition, at its core, is a fairly simple process. A deposition is a question and answer session conducted outside the courtroom. Typically, it takes place in the office space of an attorney representing one of the parties. There are a few people who are almost always present at the deposition: there's the person being deposed, the lawyer who is going to be asking the questions, a lawyer representing the other side of the lawsuit, who can object to any questions being asked (a judge can rule on the objections later), and a court reporter or video recorder, to ensure that the testimony ends up on the record.
Conducting A Civil Deposition in Martinez, California
Depositions in Martinez, California are meant to get verbal testimony on the record and into evidence, when there is concern that the person being deposed might be unable to show up and testify at trial, or their testimony will take far too long for them to testify at trial.
It should not be any surprise, then, that civil depositions in Martinez, California can go on for a very long time. If you are called to appear in a deposition in Martinez, California, this can be a huge headache.
Because of this fact, the law in Martinez, California allows 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 specific way ceases to be compensation, and becomes bribery, which is a crime.
If you are called to a deposition in Martinez, California, it's absolutely imperative 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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How Can A Martinez, California Lawyer Help?
If you are directly engaged in a lawsuit in Martinez, California, and have to appear at a deposition, you should already be represented by a lawyer. It goes without saying that you should do whatever they advise you to do during the deposition.
If you're not a party to a lawsuit in Martinez, California, but have knowledge about some of the facts that are at issue in a pending case, you might still be called to appear in a deposition. In that case, you probably don't need to hire a lawyer.