Litigation Lawyers in San Juan Capistrano
In San Juan Capistrano, California, a civil deposition is a part of the discovery process in civil litigation.
In San Juan Capistrano, 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 acquire this information in San Juan Capistrano, 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 San Juan Capistrano, California
In San Juan Capistrano, California, the main reason to conduct a deposition, as opposed to having someone testify in court, is to save time. After days of depositions, the jury can be presented with just the relevant testimony, if the case goes to trial. Additionally, it's a good idea to conduct a deposition if there's any reason to believe that the witness will not be able to show up to court to testify, due to poor health, or any other reason.
Civil Depositions in San Juan Capistrano, California can sometimes go on for days, and occasionally even weeks. If you are required to appear for a deposition in San Juan Capistrano, California, it can prove to be a substantial inconvenience.
To mitigate this, the law of San Juan Capistrano, 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 give testimony that's advantageous to one side or the other.
In San Juan Capistrano, 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 San Juan Capistrano, 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 a San Juan Capistrano, 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, on the other hand, you're not directly engaged in the case, but have been subpoenaed to appear in a deposition as a witness in San Juan Capistrano, 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.