Litigation Lawyers in Phoenix
In Phoenix, Arizona, a civil deposition is a part of the discovery process in civil litigation.
"Discovery" is a process that occurs before a trial in Phoenix, Arizona. During the discovery process, both sides are required to make relevant information available to each other.
One of the most effective ways to get information relevant to a lawsuit in Phoenix, Arizona 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 Phoenix, Arizona
If the parties believe that a witness in Phoenix, Arizona 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. Additionally, 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 surprising that civil depositions in Phoenix, Arizona can often go on for several days. If you are subpoenaed for a deposition in , Arizona, you are typically obligated to appear. This can be a source of some inconvenience.
To help deal with this fact, Phoenix, Arizona allows witnesses who are being deposed to be compensated for their time. They can be reimbursed for lodging, travel expenses, and given a small amount of money for their time. Remember, however, that this money is most definitely NOT conditioned on the witness giving testimony that's advantageous to one side, and omitting information that's unfavorable. This would be bribery, and it is highly illegal.
Remember, when you give a deposition in Phoenix, Arizona, 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 Phoenix, Arizona Lawyer Help?
If you are the plaintiff or defendant in a lawsuit, you almost certainly already have a Phoenix, Arizona lawyer. If either party to the lawsuit calls you for a deposition, your lawyer will have plenty of advice for you. You should, of course, follow that advice to the letter.
If you are not a party to the case, but are subpoenaed to testify in a deposition, you should at least consult with a Phoenix, Arizona attorney, who can advise you on how to proceed.