Litigation Lawyers in Tracy
In Tracy, California, a civil deposition is a part of the discovery procedure in civil litigation.
In Tracy, 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 obtain this information in Tracy, 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 Tracy, California
Depositions are typically conducted in Tracy, California if a person's testimony will take several days, or more, to deliver. By doing this before a trial, the jury can be presented just with the testimony that turns out to be relevant, saving everyone a good deal of time. It is also useful if there is any reason to suspect that the witness will be unable to show up in court.
It should not be any shock, then, that civil depositions in Tracy, California can go on for a very long time. If you are contacted to appear in a deposition in Tracy, California, this can be a huge headache.
Because of this fact, the law in Tracy, California permits witnesses who are appearing for depositions to be compensated for the expense associated with it. This includes reimbursement for gas, lodging, and food. They can also be paid a certain amount of money for every hour they testify, to compensate them for their time. However, this money can only be conditioned on the witness showing up and giving truthful testimony. Trying to condition it on the witness testifying in a specific way ceases to be compensation, and becomes bribery, which is a crime.
Remember, when you give a deposition in Tracy, California, you're under oath. This means that you are under an absolute requirement 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 Tracy, California Lawyer Help?
If you are directly engaged in a lawsuit in Tracy, California, and have to appear at a deposition, you should already be represented by a lawyer. It goes without saying that you should do whatever they advise you to do throughout the deposition.
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 Tracy, 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.