Litigation Lawyers in Roscoe
A civil deposition in Roscoe, Illinois occurs in many civil litigation cases, as part of the discovery process.
In Roscoe, Illinois, "discovery" is a process that occurs before a civil trial, during which both sides are required to disclose relevant evidence to the other.
One way to acquire this information in Roscoe, 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. 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 Roscoe, Illinois
In Roscoe, 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. 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 Roscoe, Illinois can usually go on for several days. If you are subpoenaed for a deposition in , Illinois, you are usually obligated to appear. This can be a source of some inconvenience.
Because of this fact, the law in Roscoe, 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.
Remember, when you give a deposition in Roscoe, Illinois, 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 Roscoe, Illinois Lawyer Help?
If you are a party to a lawsuit, and are called 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 probably don't need to hire a Roscoe, 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.