Litigation Lawyers in Rochester
A civil deposition in Rochester, Minnesota occurs in many civil litigation cases, as part of the discovery process.
The discovery process in Rochester, Minnesota is one of the most important parts of the civil litigation process. During the discovery phase, each side of the lawsuit is required to make all of the relevant information it has in its possession available to the other side.
One way to acquire this information in Rochester, Minnesota is to conduct a deposition. A deposition, at its core, is a fairly simple process. A deposition is a question and answer session conducted outside the courtroom. Usually, it takes place in the office space of an attorney representing one of the parties. There are a few people who are almost always present at the deposition: there's the person being deposed, the lawyer who is going to be asking the questions, a lawyer representing the other side of the lawsuit, who can object to any questions being asked (a judge can rule on the objections later), and a court reporter or video recorder, to ensure that the testimony ends up on the record.
Conducting A Civil Deposition in Rochester, Minnesota
Depositions in Rochester, Minnesota are meant to get verbal testimony on the record and into evidence, when there is concern that the person 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.
Rochester, Minnesota 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 Rochester, Minnesota civil deposition, this could prove to be incredibly inconvenient.
Therefore, Rochester, Minnesota's civil procedure rules allow a person to be compensated for the time and money they spend in appearing at a deposition. If the witness lives far away from the location of the deposition, as is sometimes the case in large trials, they can be reimbursed for travel and lodging expenses, and compensated for their time. However, this money cannot be used to influence HOW they testify, just to mitigate the inconvenience associated with testifying.
If you are being deposed in Rochester, Minnesota you absolutely must answer all the questions truthfully and completely, to the best of your knowledge. You are under oath, and if you lie, and are caught, you could be charged with perjury, which can carry jail time.
How Can A Rochester, Minnesota Lawyer Help?
If you are a party to a lawsuit, and are called to a deposition, chances are you're already represented by a , Minnesota attorney. Obviously, you should follow their advice with respect to the deposition.
If you're not a party to a lawsuit in Rochester, Minnesota, but have knowledge about some of the facts that are at issue in a pending case, you might still be called to appear in a deposition. In that case, you probably don't need to hire a lawyer.