Litigation Lawyers in Elkin

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

In Elkin, 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 Elkin, 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 Elkin, North Carolina

If the parties believe that a witness in Elkin, 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.

Elkin, North Carolina civil depositions can go on for a long time - occasionally going for a week or more. If you get subpoenaed to give your testimony in an Elkin, North Carolina civil deposition, this could prove to be incredibly inconvenient.

To mitigate this, the law of Elkin, North Carolina typically entitles people being deposed to reimbursement. They can be compensated for travel expenses, lodging, and a can be given a small amount of money simply for their time. However, this is meant to be reimbursement for the time and expense incurred in attending a deposition, and it is most definitely not payment for the witness to give testimony that's advantageous to one side or the other.

If you are being deposed in Elkin, North Carolina you absolutely must answer all the questions truthfully and completely, to the best of your knowledge. You are under oath, and if you lie, and are caught, you could be charged with perjury, which can carry jail time.

How Can A Elkin, North Carolina Lawyer Help?

If you are the plaintiff or defendant in a lawsuit, you almost certainly already have an Elkin, North Carolina 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 are not a party to the case, but are subpoenaed to testify in a deposition, you should at least consult with an Elkin, North Carolina attorney, who can advise you on how to proceed.