Litigation Lawyers in New Smyrna Beach

In New Smyrna Beach, Florida, a civil deposition is a part of the discovery procedure in civil litigation.

Discovery, in New Smyrna Beach, Florida is a very essential 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.

In New Smyrna Beach, Florida, one way to receive this information is to find the people involved in the dispute (whether they're witnesses or parties), and ask them questions about the issues you believe them to have knowledge of. A civil deposition is usually a pretty simple process: the person being deposed is sworn in (they are under oath, just as if they were in a courtroom). Because the whole point of a deposition is to get testimony on the record, a stenographer or video technician will also be present, recording the whole deposition. The lawyer then asks questions of the witness, and the lawyers for the other side are able to object to certain lines of questioning, if they wish.

Conducting A Civil Deposition in New Smyrna Beach, Florida

In New Smyrna Beach, Florida, 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. Also, 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 astonishing that civil depositions in New Smyrna Beach, Florida can generally go on for several days. If you are subpoenaed for a deposition in , Florida, you are usually obligated to appear. This can be a source of some inconvenience.

Because of this fact, the law in New Smyrna Beach, Florida 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 certain way ceases to be compensation, and becomes bribery, which is a crime.

Remember, when you give a deposition in New Smyrna Beach, Florida, 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 New Smyrna Beach, Florida Lawyer Help?

If you're a party to a New Smyrna Beach, Florida 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 are not a party to the lawsuit, but are subpoenaed to testify in a deposition, you should at least contact with a New Smyrna Beach, Florida attorney, who can advise you on how to proceed.