Litigation Lawyers in Rochester
A civil deposition in Rochester, Michigan happens in many civil litigation cases, as part of the discovery procedure.
The discovery procedure in Rochester, Michigan is one of the most significant parts of the civil litigation process. During the discovery phase, each side of the lawsuit is obligated to make all of the relevant information it has in its possession available to the other side.
In Rochester, Michigan, 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 Rochester, Michigan
If the parties believe that a witness in Rochester, Michigan 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 Rochester, Michigan can go on for a very long time. If you are contacted to appear in a deposition in Rochester, Michigan, this can be a huge headache.
Because of this fact, the law in Rochester, Michigan 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.
Remember, when you give a deposition in Rochester, Michigan, you're under oath. This means that you are under an absolute requirement 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 Rochester, Michigan Lawyer Help?
If you are directly engaged in a lawsuit in Rochester, Michigan, and have to appear at a deposition, you should already be represented by a lawyer. It goes without saying that you should do whatever they advise you to do throughout the deposition.
If you are not directly engaged in the lawsuit, you might still have to appear at a deposition, if you have information that's relevant to the case in Rochester, Michigan. You likely don't need to hire a lawyer in that case, but it might be a good idea to at least get a consultation from one.