Civil Depositions in Barstow, California
In Barstow, California, a civil deposition is a part of the discovery process in civil litigation.
"Discovery" is a process that occurs before a trial in Barstow, California. 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 Barstow, California 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 Barstow, California
If the parties believe that a witness in Barstow, California 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.
Barstow, California civil depositions can go on for a long time - occasionally going for a week or more. If you get subpoenaed to give your testimony in a Barstow, California civil deposition, this could prove to be incredibly inconvenient.
To help mitigate this inconvenience, Barstow, California allows witnesses who are appearing in depositions to be paid a set amount of money for their time, and reimbursed for travel expenses. However, if there is any evidence that this money is being used to influence a witness' testimony, there is going to be a serious problem: this would amount bribery, and it is a serious offense.
If you are called to a deposition in Barstow, California, it's absolutely essential that you answer all the questions truthfully, to the best of your knowledge. When testifying in a deposition, you are under oath, just as you would be in open court. Deliberately lying in a deposition is perjury, which is a serious crime.
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How Can A Barstow, California Lawyer Help?
If you're a party to a Barstow, California lawsuit and are required 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'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 Barstow, California 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.