Litigation Lawyers in Amherst
A civil deposition in Amherst, Massachusetts occurs in many civil litigation cases, as part of the discovery process.
Discovery, in Amherst, Massachusetts is a very crucial step in the civil litigation process. It is when all of the relevant evidence is gathered by both sides, and, generally, each side must disclose that evidence to the other.
In Amherst, Massachusetts, one way to obtain relevant evidence is to ask people 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 Amherst, Massachusetts
In Amherst, Massachusetts, 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 poor health, or any other reason.
Amherst, Massachusetts 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 an Amherst, Massachusetts civil deposition, this could prove to be incredibly inconvenient.
To mitigate this, the law of Amherst, Massachusetts usually 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 favorable to one side or the other.
Remember, when you give a deposition in Amherst, Massachusetts, you're under oath. This means that you are under an absolute obligation to tell the truth. If you deliberately lie while under oath, you are committing perjury. Perjury is a serious crime, and can be punished by fines and imprisonment.
How Can A Amherst, Massachusetts Lawyer Help?
If you're a party to an Amherst, Massachusetts lawsuit and are required to appear at a deposition, one would hope that you've already retained a lawyer by this stage in the proceedings. Your attorney will have a lot of advice for you, which you should of course follow.
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 Amherst, Massachusetts 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.