Litigation Lawyers in Tempe
In Tempe, Arizona, a civil deposition is a part of the discovery process in civil litigation.
"Discovery" is a process that occurs before a trial in Tempe, Arizona. During the discovery process, both sides are required to make relevant information available to each other.
One of the most effective ways to acquire information relevant to a lawsuit in Tempe, 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 Tempe, Arizona
If the parties believe that a witness in Tempe, 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. Also, if they have to be questioned for several days, it is a good way to save the court's time.
It should not be any surprise, then, that civil depositions in Tempe, Arizona can go on for a very long time. If you are called to appear in a deposition in Tempe, Arizona, this can be a major headache.
To mitigate this, the law of Tempe, Arizona usually entitles people being deposed to reimbursement. They can be compensated for travel expenses, lodging, and a can be given a small amount of money simply for their time. However, this is meant to be reimbursement for the time and expense incurred in attending a deposition, and it is most definitely not payment for the witness to give testimony that's favorable to one side or the other.
Remember, when you give a deposition in Tempe, 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 Tempe, Arizona Lawyer Help?
If you are the plaintiff or defendant in a lawsuit, you almost certainly already have a Tempe, 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'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 Tempe, Arizona 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.