Litigation Lawyers in Monticello
In Monticello, Arkansas, a civil deposition is a part of the discovery procedure in civil litigation.
"Discovery" is a procedure that happens before a trial in Monticello, Arkansas. During the discovery process, both sides are obligated to make relevant information available to each other.
One of the most effective ways to receive information relevant to a lawsuit in Monticello, Arkansas 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 individual 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 mainly 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 Monticello, Arkansas
Depositions in Monticello, Arkansas are meant to get verbal testimony on the record and into evidence, when there is concern that the individual 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 shock, then, that civil depositions in Monticello, Arkansas can go on for a very long time. If you are contacted to appear in a deposition in Monticello, Arkansas, this can be a major headache.
Because of this fact, the law in Monticello, Arkansas 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.
In Monticello, Arkansas 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 Monticello, Arkansas Lawyer Help?
If you are a party to a lawsuit, and are subpoenaed to a deposition, chances are you're already represented by a , Arkansas 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 Monticello, Arkansas 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.