Litigation Lawyers in Durham

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

In Durham, 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 get information relevant to a lawsuit in Durham, 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 Durham, North Carolina

If the parties believe that a witness in Durham, 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. Furthermore, if they have to be questioned for several days, it is a good way to save the court's time.

It should not be any surprise, then, that civil depositions in Durham, North Carolina can go on for a very long time. If you are called to appear in a deposition in Durham, North Carolina, this can be a massive headache.

To help mitigate this inconvenience, Durham, North Carolina authorizes 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 serious problem: this would amount bribery, and it is a serious offense.

When giving a deposition in Durham, 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 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 Durham, North Carolina Lawyer Help?

If you are a party to a lawsuit, and are called 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 a lawsuit in Durham, North Carolina, 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.