Litigation Lawyers in Oelwein
In Oelwein, Iowa, a civil deposition is a part of the discovery procedure in civil litigation.
The discovery procedure in Oelwein, Iowa is one of the most significant parts of the civil litigation process. During the discovery phase, each side of the lawsuit is obligated to make all of the relevant information it has in its possession available to the other side.
In Oelwein, Iowa, 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 Oelwein, Iowa
In Oelwein, Iowa, 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 Oelwein, Iowa can generally go on for several days. If you are subpoenaed for a deposition in , Iowa, you are usually obligated to appear. This can be a source of some inconvenience.
Because of this fact, the law in Oelwein, Iowa 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.
If you are being deposed in Oelwein, Iowa 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 Oelwein, Iowa Lawyer Help?
If you're a party to an Oelwein, Iowa 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, on the other hand, you're not directly involved in the case, but have been subpoenaed to appear in a deposition as a witness in Oelwein, Iowa, you may not need to hire a lawyer. The lawyers for both sides will probably prep you for the deposition, giving you an idea of what to expect.