Litigation Lawyers in Elkhart
A civil deposition in Elkhart, Indiana occurs in many civil litigation cases, as part of the discovery process.
In Elkhart, Indiana, "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 get this information in Elkhart, Indiana 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. Normally, 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 Elkhart, Indiana
Depositions are normally conducted in Elkhart, Indiana if a person's testimony will take several days, or more, to deliver. By doing this before a trial, the jury can be presented just with the testimony that turns out to be relevant, saving everybody a good deal of time. It is also useful if there is any reason to suspect that the witness will be unable to show up in court.
It should not be any surprise, then, that civil depositions in Elkhart, Indiana can go on for a very long time. If you are called to appear in a deposition in Elkhart, Indiana, this can be a massive headache.
Because of this fact, the law in Elkhart, Indiana 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 particular way ceases to be compensation, and becomes bribery, which is a crime.
In Elkhart, Indiana depositions, everyone being deposed is under oath. This means that you are legally and morally obligated to answer every question truthfully. If you deliberately misrepresent your knowledge (lie), you are guilty of perjury. And if you're caught, you could end up facing jail time and/or some very steep fines.
How Can A Elkhart, Indiana 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 Elkhart, Indiana 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 Elkhart, Indiana 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.