Civil Depositions in Capitola, California
In Capitola, California, a civil deposition is a part of the discovery procedure in civil litigation.
In Capitola, California, "discovery" is a time-consuming process that happens before a case goes to trial. In the process, each side of the lawsuit is legally obligated to disclose all of the relevant information they have in their possession to the other side.
One way to acquire this information in Capitola, California is to simply sit down with someone involved in the dispute, or with knowledge of some of the issues, and ask them questions. This can be done through a civil deposition, which is basically a Q&A session between a lawyer, and the person being deposed. A lawyer for the other side will also be present. The person being deposed is answering their questions under oath, just as if they were testifying in court. Because of this, it's important to get their statements on the record. For that purpose, a court reporter or videographer will be present.
Conducting A Civil Deposition in Capitola, California
Depositions in Capitola, California 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.
Civil Depositions in Capitola, California, can take a very long time to be completed, typically lasting several days, and occasionally going on for weeks. So, people who are called to give depositions in Capitola, California should be ready for some substantial inconvenience.
To help mitigate this inconvenience, Capitola, California permits 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 significant problem: this would amount bribery, and it is a serious offense.
If you are called to a deposition in Capitola, California, it's absolutely imperative 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 Capitola, California Lawyer Help?
If you are the plaintiff or defendant in a lawsuit, you almost definitely already have a Capitola, California 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 a lawsuit in Capitola, California, but have knowledge about some of the facts that are at issue in a pending case, you might still be contacted to appear in a deposition. In that case, you likely don't need to hire a lawyer.