Litigation Lawyers in Modesto
In Modesto, California, a civil deposition is a part of the discovery procedure in civil litigation.
In Modesto, 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 receive this information in Modesto, California is to conduct a deposition. A deposition, at its core, is a fairly simple process. A deposition is a question and answer session conducted outside the courtroom. Typically, it takes place in the office space of an attorney representing one of the parties. There are a few people who are almost always present at the deposition: there's the person being deposed, the lawyer who is going to be asking the questions, a lawyer representing the other side of the lawsuit, who can object to any questions being asked (a judge can rule on the objections later), and a court reporter or video recorder, to ensure that the testimony ends up on the record.
Conducting A Civil Deposition in Modesto, California
Depositions in Modesto, 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.
It should not be any shock, then, that civil depositions in Modesto, California can go on for a very long time. If you are contacted to appear in a deposition in Modesto, California, this can be a huge headache.
To help mitigate this inconvenience, Modesto, 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 Modesto, 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.
How Can A Modesto, California Lawyer Help?
If you are the plaintiff or defendant in a lawsuit, you almost definitely already have a Modesto, 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 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 Modesto, 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.