Litigation Lawyers in Berkeley
A civil deposition in Berkeley, Missouri happens in many civil litigation cases, as part of the discovery procedure.
The discovery procedure in Berkeley, Missouri 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 obtain this information in Berkeley, Missouri 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. Typically, 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 Berkeley, Missouri
In Berkeley, Missouri, 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 bad health, or any other reason.
Civil Depositions in Berkeley, Missouri can sometimes go on for days, and occasionally even weeks. If you are obligated to appear for a deposition in Berkeley, Missouri, it can prove to be a substantial inconvenience.
Because of this fact, the law in Berkeley, Missouri 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.
In Berkeley, Missouri 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 Berkeley, Missouri Lawyer Help?
If you are directly engaged in a lawsuit in Berkeley, Missouri, 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 a party to the lawsuit, but are subpoenaed to testify in a deposition, you should at least contact with a Berkeley, Missouri attorney, who can advise you on how to proceed.