Litigation Lawyers in Montgomery

A civil deposition in Montgomery, Illinois occurs in many civil litigation cases, as part of the discovery process.

In Montgomery, Illinois, "discovery" is a process that occurs before a civil trial, during which both sides are required to disclose relevant evidence to the other.

In Montgomery, Illinois, one way to acquire 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 Montgomery, Illinois

If the parties believe that a witness in Montgomery, Illinois won't be able to show up in court to testify during trial, because of age, poor health, upcoming military deployment, potential incarceration, or any other reason, a deposition is a very good way to get their testimony on the record before the trial. Also, if they have to be questioned for several days, it is a good way to save the court's time.

Civil Depositions in Montgomery, Illinois can sometimes go on for days, and occasionally even weeks. If you are required to appear for a deposition in Montgomery, Illinois, it can prove to be a significant inconvenience.

Because of this fact, the law in Montgomery, Illinois 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 Montgomery, Illinois, 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 Montgomery, Illinois 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 a Montgomery, Illinois 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 a Montgomery, 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.