Litigation Lawyers in Mitchell

Depositions are part of the discovery procedure in Mitchell, South Dakota civil litigation.

In Mitchell, South Dakota, "discovery" is a time-consuming process that happens before a case goes to trial. In the process, each side of the lawsuit is legally obligated to disclose all of the relevant information they have in their possession to the other side.

In Mitchell, South Dakota, one way to get relevant evidence is to ask individuals involved in the dispute (both parties and witnesses) about their knowledge of the matter. This is done through a civil deposition. It is essentially a question and answer session between a lawyer, and a witness or party to the action. A lawyer for the other side is present, as well as a court reporter or videographer. The lawyer asks questions of the person being deposed, who must answer them under oath.

Conducting A Civil Deposition in Mitchell, South Dakota

Depositions are normally conducted in Mitchell, South Dakota if a person's testimony will take several days, or more, to deliver. By doing this before a trial, the jury can be presented just with the testimony that turns out to be relevant, saving everyone a good deal of time. It is also useful if there is any reason to suspect that the witness will be unable to show up in court.

It should not be any shock, then, that civil depositions in Mitchell, South Dakota can go on for a very long time. If you are contacted to appear in a deposition in Mitchell, South Dakota, this can be a massive headache.

Because of this fact, the law in Mitchell, South Dakota 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 particular way ceases to be compensation, and becomes bribery, which is a crime.

In Mitchell, South Dakota depositions, everyone being deposed is under oath. This means that you are legally and morally obligated to answer every question truthfully. If you deliberately misrepresent your knowledge (lie), you are guilty of perjury. And if you're caught, you could end up facing jail time and/or some extremely steep fines.

How Can A Mitchell, South Dakota Lawyer Help?

If you are a party to a lawsuit, and are subpoenaed to a deposition, chances are you're already represented by a , South Dakota 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 likely don't need to hire a Mitchell, South Dakota 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.