Litigation Lawyers in Idaho Falls
In Idaho Falls, Idaho, a civil deposition is a part of the discovery process in civil litigation.
The discovery process in Idaho Falls, Idaho is one of the most important parts of the civil litigation process. During the discovery phase, each side of the lawsuit is required to make all of the relevant information it has in its possession available to the other side.
One way to get this information in Idaho Falls, Idaho is to conduct a deposition. A deposition, at its core, is a fairly simple process. A deposition is a question and answer session conducted outside the courtroom. Usually, it takes place in the office space of an attorney representing one of the parties. There are a few people who are almost always present at the deposition: there's the person being deposed, the lawyer who is going to be asking the questions, a lawyer representing the other side of the lawsuit, who can object to any questions being asked (a judge can rule on the objections later), and a court reporter or video recorder, to ensure that the testimony ends up on the record.
Conducting A Civil Deposition in Idaho Falls, Idaho
Depositions in Idaho Falls, Idaho are meant to get verbal testimony on the record and into evidence, when there is concern that the person being deposed might be unable to show up and testify at trial, or their testimony will take far too long for them to testify at trial.
It should not be any surprise, then, that civil depositions in Idaho Falls, Idaho can go on for a very long time. If you are called to appear in a deposition in Idaho Falls, Idaho, this can be a major headache.
Because of this fact, the law in Idaho Falls, Idaho 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.
If you are called to a deposition in Idaho Falls, Idaho, it's absolutely essential that you answer all the questions truthfully, to the best of your knowledge. When testifying in a deposition, you are under oath, just as you would be in open court. Deliberately lying in a deposition is perjury, which is a serious crime.
How Can A Idaho Falls, Idaho 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 an Idaho Falls, Idaho 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're not a party to the case, but have relevant information, you might be subpoenaed to appear in a deposition. In this case, you probably don't need to hire an Idaho Falls, Idaho 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.