Litigation Lawyers in Portsmouth
Civil depositions happen during civil litigation in Portsmouth, New Hampshire. They are part of the discovery procedure.
"Discovery" is a procedure that happens before a trial in Portsmouth, New Hampshire. During the discovery process, both sides are obligated to make relevant information available to each other.
One of the most effective ways to obtain information relevant to a lawsuit in Portsmouth, New Hampshire 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 Portsmouth, New Hampshire
If the parties believe that a witness in Portsmouth, New Hampshire 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 Portsmouth, New Hampshire can typically go on for several days. If you are subpoenaed for a deposition in , New Hampshire, you are typically obligated to appear. This can be a source of some inconvenience.
Because of this fact, the law in Portsmouth, New Hampshire permits witnesses who are appearing for depositions to be compensated for the expense associated with it. This includes reimbursement for gas, lodging, and food. They can also be paid a certain amount of money for every hour they testify, to compensate them for their time. However, this money can only be conditioned on the witness showing up and giving truthful testimony. Trying to condition it on the witness testifying in a specific way ceases to be compensation, and becomes bribery, which is a crime.
Remember, when you give a deposition in Portsmouth, New Hampshire, you're under oath. This means that you are under an absolute requirement to tell the truth. If you deliberately lie while under oath, you are committing perjury. Perjury is a serious crime, and can be punished by fines and imprisonment.
How Can A Portsmouth, New Hampshire Lawyer Help?
If you are directly engaged in a lawsuit in Portsmouth, New Hampshire, 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 throughout the deposition.
If, on the other hand, you're not directly engaged in the case, but have been subpoenaed to appear in a deposition as a witness in Portsmouth, New Hampshire, you may not need to hire a lawyer. The lawyers for both sides will probably prep you for the deposition, giving you an idea of what to expect.