Litigation Lawyers in Kennebunk
A civil deposition in Kennebunk, Maine happens in many civil litigation cases, as part of the discovery procedure.
Discovery, in Kennebunk, Maine is a very critical 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.
One of the most effective ways to obtain information relevant to a lawsuit in Kennebunk, Maine 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 Kennebunk, Maine
Depositions in Kennebunk, Maine are meant to get verbal testimony on the record and into evidence, when there is concern that the individual being deposed might be unable to show up and testify at trial, or their testimony will take far too long for them to testify at trial.
It should not be any shock, then, that civil depositions in Kennebunk, Maine can go on for a very long time. If you are contacted to appear in a deposition in Kennebunk, Maine, this can be a major headache.
Because of this fact, the law in Kennebunk, Maine 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.
In Kennebunk, Maine 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 Kennebunk, Maine 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 time, already be represented by a Kennebunk, Maine civil litigation attorney. You should do whatever they tell you to do (unless, of course, they tell you to lie, in that case you should find a new lawyer).
If you are not a party to the lawsuit, but are subpoenaed to testify in a deposition, you should at least contact with a Kennebunk, Maine attorney, who can advise you on how to proceed.