Civil Depositions in Fremont, California
In Fremont, California, a civil deposition is a part of the discovery procedure in civil litigation.
In Fremont, 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 Fremont, 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 Fremont, California
If the parties believe that a witness in Fremont, California won't be able to show up in court to testify during trial, because of age, bad health, upcoming military deployment, possible incarceration, or any other reason, a deposition is a very good way to get their testimony on the record before the trial. Additionally, if they have to be questioned for several days, it is a good way to save the court's time.
Civil Depositions in Fremont, California can sometimes go on for days, and occasionally even weeks. If you are obligated to appear for a deposition in Fremont, California, it can prove to be a substantial inconvenience.
To mitigate this, the law of Fremont, California typically 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 provide testimony that's advantageous to one side or the other.
When giving a deposition in Fremont, California, be sure to answer all of the questions honestly, and to the absolute best of your knowledge. You will be sworn in before the deposition starts, and you will be under oath, just as if you were in open court. Thus, if you lie, you are committing perjury, which can land you in jail.
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How Can A Fremont, 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 time, already be represented by a Fremont, California civil litigation attorney. You should do whatever they tell you to do (unless, of course, they tell you to lie, in that 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 likely don't need to hire a Fremont, 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.