Litigation Lawyers in Derby
A civil deposition in Derby, Kansas occurs in many civil litigation cases, as part of the discovery process.
In Derby, Kansas, "discovery" is a time-consuming procedure that occurs before a case goes to trial. In the process, each side of the lawsuit is legally required to disclose all of the relevant information they have in their possession to the other side.
In Derby, Kansas, one way to acquire relevant evidence is to ask persons involved in the dispute (both parties and witnesses) about their knowledge of the matter. This is done through a civil deposition. It is essentially a question and answer session between a lawyer, and a witness or party to the action. A lawyer for the other side is present, as well as a court reporter or videographer. The lawyer asks questions of the person being deposed, who must answer them under oath.
Conducting A Civil Deposition in Derby, Kansas
In Derby, Kansas, 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. Additionally, 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.
Derby, Kansas civil depositions can go on for a long time - occasionally going for a week or more. If you get subpoenaed to give your testimony in a Derby, Kansas civil deposition, this could prove to be incredibly inconvenient.
To mitigate this, the law of Derby, Kansas typically entitles people being deposed to reimbursement. They can be compensated for travel expenses, lodging, and a can be given a small amount of money simply for their time. However, this is meant to be reimbursement for the time and expense incurred in attending a deposition, and it is most definitely not payment for the witness to give testimony that's advantageous to one side or the other.
In Derby, 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 very steep fines.
How Can A Derby, Kansas 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 a Derby, Kansas 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, on the other hand, you're not directly engaged in the case, but have been subpoenaed to appear in a deposition as a witness in Derby, Kansas, you may not need to hire a lawyer. The lawyers for both sides will probably prep you for the deposition, giving you an idea of what to expect.