Litigation Lawyers in Winona
A civil deposition in Winona, Minnesota happens in many civil litigation cases, as part of the discovery procedure.
The discovery procedure in Winona, Minnesota 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.
One way to receive this information in Winona, 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 Winona, Minnesota
In Winona, Minnesota, 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 bad health, or any other reason.
Winona, Minnesota civil depositions can go on for a long time - sometimes going for a week or more. If you get subpoenaed to provide your testimony in a Winona, Minnesota civil deposition, this could prove to be incredibly inconvenient.
To mitigate this, the law of Winona, Minnesota 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 provide testimony that's favorable to one side or the other.
Remember, when you give a deposition in Winona, Minnesota, 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 Winona, Minnesota Lawyer Help?
If you are the plaintiff or defendant in a lawsuit, you almost definitely already have a Winona, Minnesota lawyer. If either party to the lawsuit calls you for a deposition, your lawyer will have plenty of advice for you. You should, of course, follow that advice to the letter.
If you are not a party to the lawsuit, but are subpoenaed to testify in a deposition, you should at least contact with a Winona, Minnesota attorney, who can advise you on how to proceed.