Litigation Lawyers in Encinitas
In Encinitas, California, a civil deposition is a part of the discovery process in civil litigation.
In Encinitas, 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 Encinitas, 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 Encinitas, California
If the parties believe that a witness in Encinitas, 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.
Encinitas, 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 Encinitas, California civil deposition, this could prove to be incredibly inconvenient.
To help deal with this fact, Encinitas, 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.
Remember, when you give a deposition in Encinitas, California, 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 Encinitas, California Lawyer Help?
If you are a party to a lawsuit, and are called to a deposition, chances are you're already represented by a , California attorney. Obviously, you should follow their advice with respect to the deposition.
If, on the other hand, you're not directly involved in the case, but have been subpoenaed to appear in a deposition as a witness in Encinitas, California, you may not need to hire a lawyer. The lawyers for both sides will probably prep you for the deposition, giving you an idea of what to expect.