Litigation Lawyers in Fayetteville
In Fayetteville, Georgia, a civil deposition is a part of the discovery process in civil litigation.
Discovery, in Fayetteville, Georgia is a very crucial 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 of the most effective ways to acquire information relevant to a lawsuit in Fayetteville, Georgia 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 Fayetteville, Georgia
In Fayetteville, Georgia, 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 poor health, or any other reason.
So, it shouldn't be shocking that civil depositions in Fayetteville, Georgia can usually go on for several days. If you are subpoenaed for a deposition in , Georgia, you are usually obligated to appear. This can be a source of some inconvenience.
Because of this fact, the law in Fayetteville, Georgia 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 certain way ceases to be compensation, and becomes bribery, which is a crime.
Remember, when you give a deposition in Fayetteville, Georgia, you're under oath. This means that you are under an absolute obligation 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 Fayetteville, Georgia Lawyer Help?
If you're a party to a Fayetteville, Georgia lawsuit and are required 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 case, but are subpoenaed to testify in a deposition, you should at least consult with a Fayetteville, Georgia attorney, who can advise you on how to proceed.