Litigation Lawyers in Emeryville
In Emeryville, California, a civil deposition is a part of the discovery process in civil litigation.
In Emeryville, California, "discovery" is a time-consuming procedure that occurs before a case goes to trial. In the process, each side of the lawsuit is legally required to disclose all of the relevant information they have in their possession to the other side.
One way to obtain this information in Emeryville, 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 Emeryville, California
If the parties believe that a witness in Emeryville, 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.
Emeryville, 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 an Emeryville, California civil deposition, this could prove to be incredibly inconvenient.
To help deal with this fact, Emeryville, California 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 favorable to one side, and omitting information that's unfavorable. This would be bribery, and it is highly illegal.
In Emeryville, California depositions, everyone being deposed is under oath. This means that you are legally and morally obligated to answer every question truthfully. If you deliberately misrepresent your knowledge (lie), you are guilty of perjury. And if you're caught, you could end up facing jail time and/or some very steep fines.
How Can A Emeryville, California Lawyer Help?
If you are the defendant or plaintiff in a lawsuit, chances are good that you'll have to appear in a deposition. You should, by this point, already be represented by an Emeryville, California civil litigation attorney. You should do whatever they tell you to do (unless, of course, they tell you to lie, in which case you should find a new lawyer).
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 an Emeryville, 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.