Litigation Lawyers in Mishawaka
A civil deposition in Mishawaka, Indiana happens in many civil litigation cases, as part of the discovery procedure.
In Mishawaka, 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 Mishawaka, 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 Mishawaka, Indiana
In Mishawaka, 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.
Civil Depositions in Mishawaka, Indiana, can take a very long time to be completed, usually lasting several days, and occasionally going on for weeks. So, people who are called to give depositions in Mishawaka, Indiana should be ready for some significant inconvenience.
Because of this fact, the law in Mishawaka, 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.
If you are called to a deposition in Mishawaka, Indiana, 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 Mishawaka, Indiana Lawyer Help?
If you are directly involved in a lawsuit in Mishawaka, 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 Mishawaka, 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.
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