Litigation Lawyers in Falmouth
A civil deposition in Falmouth, Massachusetts occurs in many civil litigation cases, as part of the discovery process.
Discovery, in Falmouth, 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 Falmouth, Massachusetts, 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 Falmouth, Massachusetts
In Falmouth, 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. 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.
Civil Depositions in Falmouth, Massachusetts can sometimes go on for days, and occasionally even weeks. If you are required to appear for a deposition in Falmouth, Massachusetts, it can prove to be a substantial inconvenience.
Because of this fact, the law in Falmouth, Massachusetts allows 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 Falmouth, Massachusetts 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 Falmouth, Massachusetts Lawyer Help?
If you are a party to a lawsuit, and are called to a deposition, chances are you're already represented by a , Massachusetts attorney. Obviously, you should follow their advice with respect to the deposition.
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 Falmouth, Massachusetts, 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.