Litigation Lawyers in Fruita

In Fruita, Colorado, a civil deposition is a part of the discovery procedure in civil litigation.

In Fruita, Colorado, "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 of the most effective ways to obtain information relevant to a lawsuit in Fruita, Colorado is to conduct a deposition of a party who you believe to be privy to that information. A deposition is a Q&A session between an attorney representing one of the parties to a lawsuit, and someone who has knowledge relevant to the lawsuit. This can be one of the parties, or a witness. The individual being deposed is sworn in, and must answer all of the questions presented to them under oath. An attorney representing the other side can object to lines of questioning, on every grounds that would be valid during in-court testimony. The purpose of this is mainly to get the objection on the record, but if it proves to be a major sticking point, a judge can rule on the objections later. If any questions are found to be invalid, the questions, and their answers, will not be shown to the jury during trial. This is much more effective than simply instructing the jury to disregard a question and answer they've already heard.

Conducting A Civil Deposition in Fruita, Colorado

In Fruita, Colorado, 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 bad health, or any other reason.

So, it shouldn't be startling that civil depositions in Fruita, Colorado can typically go on for several days. If you are subpoenaed for a deposition in , Colorado, you are typically obligated to appear. This can be a source of some inconvenience.

Because of this fact, the law in Fruita, Colorado 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.

In Fruita, Colorado 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 extremely steep fines.

How Can A Fruita, Colorado Lawyer Help?

If you are a party to a lawsuit, and are subpoenaed to a deposition, chances are you're already represented by a , Colorado attorney. Obviously, you should follow their advice with respect to the deposition.

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 Fruita, Colorado 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.