Civil Depositions in Mountain Home, Arkansas
In Mountain Home, Arkansas, a civil deposition is a part of the discovery procedure in civil litigation.
"Discovery" is a procedure that happens before a trial in Mountain Home, Arkansas. During the discovery process, both sides are obligated to make relevant information available to each other.
One of the most effective ways to obtain information relevant to a lawsuit in Mountain Home, 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 Mountain Home, Arkansas
Depositions in Mountain Home, 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 Mountain Home, Arkansas can go on for a very long time. If you are contacted to appear in a deposition in Mountain Home, Arkansas, this can be a major headache.
Because of this fact, the law in Mountain Home, 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.
Remember, when you give a deposition in Mountain Home, Arkansas, you're under oath. This means that you are under an absolute requirement 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.
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How Can A Mountain Home, Arkansas Lawyer Help?
If you're a party to a Mountain Home, Arkansas lawsuit and are obligated to appear at a deposition, one would hope that you've already retained a lawyer by this stage in the proceedings. Your attorney will have a lot of advice for you, which you should of course follow.
If you are not a party to the lawsuit, but are subpoenaed to testify in a deposition, you should at least contact with a Mountain Home, Arkansas attorney, who can advise you on how to proceed.