Litigation Lawyers in Walsenburg
In Walsenburg, Colorado, a civil deposition is a part of the discovery process in civil litigation.
In Walsenburg, Colorado, "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 of the most effective ways to acquire information relevant to a lawsuit in Walsenburg, 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 person 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 primarily 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 Walsenburg, Colorado
If the parties believe that a witness in Walsenburg, Colorado won't be able to show up in court to testify during trial, because of age, poor health, upcoming military deployment, potential incarceration, or any other reason, a deposition is a very good way to get their testimony on the record before the trial. Furthermore, if they have to be questioned for several days, it is a good way to save the court's time.
So, it shouldn't be shocking that civil depositions in Walsenburg, Colorado can usually go on for several days. If you are subpoenaed for a deposition in , Colorado, you are normally obligated to appear. This can be a source of some inconvenience.
Because of this fact, the law in Walsenburg, Colorado allows 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 particular way ceases to be compensation, and becomes bribery, which is a crime.
If you are being deposed in Walsenburg, 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 charged with perjury, which can carry jail time.
How Can A Walsenburg, Colorado 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 Walsenburg, Colorado 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 you are not directly immersed in the lawsuit, you might still have to appear at a deposition, if you have information that's relevant to the case in Walsenburg, Colorado. You probably don't need to hire a lawyer in that case, but it might be a good idea to at least get a consultation from one.