Litigation Lawyers in Montrose
In Montrose, Colorado, a civil deposition is a part of the discovery procedure in civil litigation.
In Montrose, 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 receive information relevant to a lawsuit in Montrose, 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 Montrose, Colorado
In Montrose, 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.
Civil Depositions in Montrose, Colorado, can take a very long time to be completed, typically lasting several days, and occasionally going on for weeks. So, people who are called to give depositions in Montrose, Colorado should be ready for some substantial inconvenience.
To mitigate this, the law of Montrose, Colorado 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.
If you are being deposed in Montrose, Colorado you absolutely must answer all the questions truthfully and completely, to the best of your knowledge. You are under oath, and if you lie, and are caught, you could be prosecuted with perjury, which can carry jail time.
How Can A Montrose, Colorado Lawyer Help?
If you are the plaintiff or defendant in a lawsuit, you almost definitely already have a Montrose, Colorado 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 are not a party to the lawsuit, but are subpoenaed to testify in a deposition, you should at least contact with a Montrose, Colorado attorney, who can advise you on how to proceed.
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