Litigation Lawyers in Windham
Civil depositions occur during civil litigation in Windham, New Hampshire. They are part of the discovery process.
"Discovery" is a process that occurs before a trial in Windham, New Hampshire. During the discovery process, both sides are required to make relevant information available to each other.
One of the most effective ways to acquire information relevant to a lawsuit in Windham, 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 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 Windham, New Hampshire
If the parties believe that a witness in Windham, New Hampshire 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. Also, 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 Windham, New Hampshire can go on for a very long time. If you are called to appear in a deposition in Windham, New Hampshire, this can be a major headache.
Because of this fact, the law in Windham, New Hampshire allows 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 certain way ceases to be compensation, and becomes bribery, which is a crime.
If you are called to a deposition in Windham, New Hampshire, it's absolutely essential that you answer all the questions truthfully, to the best of your knowledge. When testifying in a deposition, you are under oath, just as you would be in open court. Deliberately lying in a deposition is perjury, which is a serious crime.
How Can A Windham, New Hampshire Lawyer Help?
If you are directly involved in a lawsuit in Windham, 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 during the deposition.
If, on the other hand, you're not directly involved in the case, but have been subpoenaed to appear in a deposition as a witness in Windham, 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.