Litigation Lawyers in Smyrna
In Smyrna, Delaware, a civil deposition is a part of the discovery procedure in civil litigation.
Discovery, in Smyrna, Delaware is a very critical step in the civil litigation process. It is when all of the relevant evidence is gathered by both sides, and, generally, each side must disclose that evidence to the other.
One way to obtain this information in Smyrna, Delaware is to simply sit down with someone involved in the dispute, or with knowledge of some of the issues, and ask them questions. This can be done through a civil deposition, which is basically a Q&A session between a lawyer, and the person being deposed. A lawyer for the other side will also be present. The person being deposed is answering their questions under oath, just as if they were testifying in court. Because of this, it's important to get their statements on the record. For that purpose, a court reporter or videographer will be present.
Conducting A Civil Deposition in Smyrna, Delaware
Depositions in Smyrna, Delaware serve a very significant purpose: obtaining testimony on the record, and admitted as evidence, when there is some reason to suspect that the witness won't be able to appear in court during trial, because of health, possible incarceration, or any other reason.
So, it shouldn't be startling that civil depositions in Smyrna, Delaware can typically go on for several days. If you are subpoenaed for a deposition in , Delaware, you are usually obligated to appear. This can be a source of some inconvenience.
To help deal with this fact, Smyrna, Delaware permits witnesses who are being deposed to be compensated for their time. They can be reimbursed for lodging, travel expenses, and given a small amount of money for their time. Remember, however, that this money is most definitely NOT conditioned on the witness giving testimony that's favorable to one side, and omitting information that's unfavorable. This would be bribery, and it is highly illegal.
Remember, when you give a deposition in Smyrna, Delaware, 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 Smyrna, Delaware Lawyer Help?
If you're a party to a Smyrna, Delaware lawsuit and are obligated to appear at a deposition, one would hope that you've already retained a lawyer by this stage in the proceedings. Your attorney will have a lot of advice for you, which you should of course follow.
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 Smyrna, Delaware 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.