Litigation Lawyers in Atchison
A civil deposition in Atchison, Kansas happens in many civil litigation cases, as part of the discovery procedure.
In Atchison, Kansas, "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 receive information relevant to a lawsuit in Atchison, Kansas 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 Atchison, Kansas
If the parties believe that a witness in Atchison, Kansas won't be able to show up in court to testify during trial, because of age, bad health, upcoming military deployment, possible incarceration, or any other reason, a deposition is a very good way to get their testimony on the record before the trial. Additionally, if they have to be questioned for several days, it is a good way to save the court's time.
It should not be any shock, then, that civil depositions in Atchison, Kansas can go on for a very long time. If you are contacted to appear in a deposition in Atchison, Kansas, this can be a huge headache.
Because of this fact, the law in Atchison, Kansas 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 specific way ceases to be compensation, and becomes bribery, which is a crime.
In Atchison, Kansas 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 Atchison, Kansas Lawyer Help?
If you are a party to a lawsuit, and are subpoenaed to a deposition, chances are you're already represented by a , Kansas attorney. Obviously, you should follow their advice with respect to the deposition.
If you're not a party to a lawsuit in Atchison, Kansas, 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.