Litigation Lawyers in Buncombe County

Civil depositions occur during civil litigation in Buncombe County, North Carolina. They are part of the discovery process.

In Buncombe County, North Carolina, "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 acquire information relevant to a lawsuit in Buncombe County, North Carolina 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 Buncombe County, North Carolina

If the parties believe that a witness in Buncombe County, North Carolina won't be able to show up in court to testify during trial, because of age, poor health, upcoming military deployment, potential incarceration, or any other reason, a deposition is a very good way to get their testimony on the record before the trial. Additionally, if they have to be questioned for several days, it is a good way to save the court's time.

So, it shouldn't be shocking that civil depositions in Buncombe County, North Carolina can usually go on for several days. If you are subpoenaed for a deposition in , North Carolina, you are typically obligated to appear. This can be a source of some inconvenience.

To help deal with this fact, Buncombe County, North Carolina allows witnesses who are being deposed to be compensated for their time. They can be reimbursed for lodging, travel expenses, and given a small amount of money for their time. Remember, however, that this money is most definitely NOT conditioned on the witness giving testimony that's advantageous to one side, and omitting information that's unfavorable. This would be bribery, and it is highly illegal.

In Buncombe County, North Carolina 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 very steep fines.

How Can A Buncombe County, North Carolina Lawyer Help?

If you are the defendant or plaintiff in a lawsuit, chances are good that you'll have to appear in a deposition. You should, by this point, already be represented by a Buncombe County, North Carolina civil litigation attorney. You should do whatever they tell you to do (unless, of course, they tell you to lie, in which case you should find a new lawyer).

If you're not a party to the case, but have relevant information, you might be subpoenaed to appear in a deposition. In this case, you probably don't need to hire a Buncombe County, North Carolina litigation attorney, but it would not be a bad idea to seek out a brief consultation with one, to get an idea of what to expect.