Litigation Lawyers in Cary
Civil depositions occur during civil litigation in Cary, North Carolina. They are part of the discovery process.
In Cary, North Carolina, "discovery" is a process that occurs before a civil trial, during which both sides are required to disclose relevant evidence to the other.
One of the most effective ways to acquire information relevant to a lawsuit in Cary, North Carolina is to conduct a deposition of a party who you believe to be privy to that information. A deposition is a Q&A session between an attorney representing one of the parties to a lawsuit, and someone who has knowledge relevant to the lawsuit. This can be one of the parties, or a witness. The person being deposed is sworn in, and must answer all of the questions presented to them under oath. An attorney representing the other side can object to lines of questioning, on every grounds that would be valid during in-court testimony. The purpose of this is primarily to get the objection on the record, but if it proves to be a major sticking point, a judge can rule on the objections later. If any questions are found to be invalid, the questions, and their answers, will not be shown to the jury during trial. This is much more effective than simply instructing the jury to disregard a question and answer they've already heard.
Conducting A Civil Deposition in Cary, North Carolina
If the parties believe that a witness in Cary, North Carolina won't be able to show up in court to testify during trial, because of age, poor health, upcoming military deployment, potential incarceration, or any other reason, a deposition is a very good way to get their testimony on the record before the trial. Furthermore, if they have to be questioned for several days, it is a good way to save the court's time.
So, it shouldn't be shocking that civil depositions in Cary, North Carolina can usually go on for several days. If you are subpoenaed for a deposition in , North Carolina, you are normally obligated to appear. This can be a source of some inconvenience.
Because of this fact, the law in Cary, North Carolina 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 particular way ceases to be compensation, and becomes bribery, which is a crime.
Remember, when you give a deposition in Cary, North Carolina, you're under oath. This means that you are under an absolute obligation to tell the truth. If you deliberately lie while under oath, you are committing perjury. Perjury is a serious crime, and can be punished by fines and imprisonment.
How Can A Cary, North Carolina Lawyer Help?
If you are a party to a lawsuit, and are called to a deposition, chances are you're already represented by a , North Carolina attorney. Obviously, you should follow their advice with respect to the deposition.
If you're not a party to the case, but have relevant information, you might be subpoenaed to appear in a deposition. In this case, you probably don't need to hire a Cary, North Carolina litigation attorney, but it would not be a bad idea to seek out a brief consultation with one, to get an idea of what to expect.
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