Litigation Lawyers in Whitefish
Civil depositions occur during civil litigation in Whitefish, Montana. They are part of the discovery process.
In Whitefish, Montana, "discovery" is a process that occurs before a civil trial, during which both sides are required to disclose relevant evidence to the other.
One of the most effective ways to get information relevant to a lawsuit in Whitefish, 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 person 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 primarily 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 Whitefish, Montana
Depositions in Whitefish, Montana serve a very important purpose: getting testimony on the record, and admitted as evidence, when there is some reason to suspect that the witness won't be able to appear in court during trial, because of health, potential incarceration, or any other reason.
It should not be any surprise, then, that civil depositions in Whitefish, Montana can go on for a very long time. If you are called to appear in a deposition in Whitefish, Montana, this can be a massive headache.
Therefore, Whitefish, Montana's civil procedure rules authorize 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.
When giving a deposition in Whitefish, Montana, be sure to answer all of the questions honestly, and to the absolute best of your knowledge. You will be sworn in before the deposition begins, and you will be under oath, just as if you were in open court. Therefore, if you lie, you are committing perjury, which can land you in jail.
How Can A Whitefish, Montana Lawyer Help?
If you are directly immersed in a lawsuit in Whitefish, Montana, 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 during the deposition.
If you're not a party to a lawsuit in Whitefish, Montana, 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.