Litigation Lawyers in Glendive
Civil depositions happen during civil litigation in Glendive, Montana. They are part of the discovery procedure.
In Glendive, Montana, "discovery" is a procedure that happens before a civil trial, during which both sides are obligated to disclose relevant evidence to the other.
One of the most effective ways to receive information relevant to a lawsuit in Glendive, Montana 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 Glendive, Montana
In Glendive, Montana, 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.
Glendive, Montana 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 Glendive, Montana civil deposition, this could prove to be incredibly inconvenient.
Thus, Glendive, Montana'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 occasionally 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 linked with testifying.
If you are called to a deposition in Glendive, Montana, it's absolutely essential that you answer all the questions truthfully, to the best of your knowledge. When testifying in a deposition, you are under oath, just as you would be in open court. Deliberately lying in a deposition is perjury, which is a serious crime.
How Can A Glendive, Montana Lawyer Help?
If you are the plaintiff or defendant in a lawsuit, you almost definitely already have a Glendive, Montana 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're not a party to a lawsuit in Glendive, Montana, but have knowledge about some of the facts that are at issue in a pending case, you might still be contacted to appear in a deposition. In that case, you likely don't need to hire a lawyer.