Litigation Lawyers in Chapel Hill
Civil depositions happen during civil litigation in Chapel Hill, North Carolina. They are part of the discovery procedure.
In Chapel Hill, North Carolina, "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 obtain information relevant to a lawsuit in Chapel Hill, 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 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 Chapel Hill, North Carolina
If the parties believe that a witness in Chapel Hill, North Carolina won't be able to show up in court to testify during trial, because of age, bad health, upcoming military deployment, possible 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 startling that civil depositions in Chapel Hill, North Carolina can typically 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 mitigate this inconvenience, Chapel Hill, North Carolina permits witnesses who are appearing in depositions to be paid a set amount of money for their time, and reimbursed for travel expenses. However, if there is any evidence that this money is being used to influence a witness' testimony, there is going to be a significant problem: this would amount bribery, and it is a serious offense.
When giving a deposition in Chapel Hill, North Carolina, 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 starts, and you will be under oath, just as if you were in open court. Thus, if you lie, you are committing perjury, which can land you in jail.
How Can A Chapel Hill, North Carolina Lawyer Help?
If you are a party to a lawsuit, and are subpoenaed to a deposition, chances are you're already represented by a , North Carolina attorney. Obviously, you should follow their advice with respect to the deposition.
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 likely don't need to hire a Chapel Hill, 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.