Litigation Lawyers in Batavia
In Batavia, Illinois, a civil deposition is a part of the discovery procedure in civil litigation.
The discovery procedure in Batavia, Illinois 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.
One way to receive this information in Batavia, Illinois 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. Typically, 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 Batavia, Illinois
In Batavia, Illinois, 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. Additionally, 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 Batavia, Illinois can generally go on for several days. If you are subpoenaed for a deposition in , Illinois, you are typically obligated to appear. This can be a source of some inconvenience.
To help mitigate this inconvenience, Batavia, Illinois permits witnesses who are appearing in depositions to be paid a set amount of money for their time, and reimbursed for travel expenses. However, if there is any evidence that this money is being used to influence a witness' testimony, there is going to be a significant problem: this would amount bribery, and it is a serious offense.
When giving a deposition in Batavia, Illinois, be sure to answer all of the questions honestly, and to the absolute best of your knowledge. You will be sworn in before the deposition starts, and you will be under oath, just as if you were in open court. Thus, if you lie, you are committing perjury, which can land you in jail.
How Can A Batavia, Illinois Lawyer Help?
If you are a party to a lawsuit, and are subpoenaed to a deposition, chances are you're already represented by a , Illinois attorney. Obviously, you should follow their advice with respect to the deposition.
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 Batavia, Illinois 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.