Litigation Lawyers in Huntington
A civil deposition in Huntington, Indiana happens in many civil litigation cases, as part of the discovery procedure.
In Huntington, Indiana, "discovery" is a procedure that happens before a civil trial, during which both sides are obligated to disclose relevant evidence to the other.
One of the most effective ways to obtain information relevant to a lawsuit in Huntington, Indiana is to conduct a deposition of a party who you believe to be privy to that information. A deposition is a Q&A session between an attorney representing one of the parties to a lawsuit, and someone who has knowledge relevant to the lawsuit. This can be one of the parties, or a witness. The individual being deposed is sworn in, and must answer all of the questions presented to them under oath. An attorney representing the other side can object to lines of questioning, on every grounds that would be valid during in-court testimony. The purpose of this is mainly to get the objection on the record, but if it proves to be a major sticking point, a judge can rule on the objections later. If any questions are found to be invalid, the questions, and their answers, will not be shown to the jury during trial. This is much more effective than simply instructing the jury to disregard a question and answer they've already heard.
Conducting A Civil Deposition in Huntington, Indiana
In Huntington, Indiana, 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 bad health, or any other reason.
So, it shouldn't be startling that civil depositions in Huntington, Indiana can typically go on for several days. If you are subpoenaed for a deposition in , Indiana, you are usually obligated to appear. This can be a source of some inconvenience.
Because of this fact, the law in Huntington, Indiana permits 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.
In Huntington, 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 extremely steep fines.
How Can A Huntington, Indiana Lawyer Help?
If you are directly involved in a lawsuit in Huntington, Indiana, and have to appear at a deposition, you should already be represented by a lawyer. It goes without saying that you should do whatever they advise you to do throughout the deposition.
If you're not a party to a lawsuit in Huntington, Indiana, but have knowledge about some of the facts that are at issue in a pending case, you might still be contacted to appear in a deposition. In that case, you likely don't need to hire a lawyer.