Litigation Lawyers in Franklin Lakes
Civil depositions happen during civil litigation in Franklin Lakes, New Jersey. They are part of the discovery procedure.
Discovery, in Franklin Lakes, New Jersey is a very critical step in the civil litigation process. It is when all of the relevant evidence is gathered by both sides, and, generally, each side must disclose that evidence to the other.
In Franklin Lakes, New Jersey, one way to get relevant evidence is to ask individuals involved in the dispute (both parties and witnesses) about their knowledge of the matter. This is done through a civil deposition. It is essentially a question and answer session between a lawyer, and a witness or party to the action. A lawyer for the other side is present, as well as a court reporter or videographer. The lawyer asks questions of the person being deposed, who must answer them under oath.
Conducting A Civil Deposition in Franklin Lakes, New Jersey
In Franklin Lakes, New Jersey, the main reason to conduct a deposition, as opposed to having someone testify in court, is to save time. After days of depositions, the jury can be presented with just the relevant testimony, if the case goes to trial. Furthermore, it's a good idea to conduct a deposition if there's any reason to believe that the witness will not be able to show up to court to testify, due to bad health, or any other reason.
Civil Depositions in Franklin Lakes, New Jersey, can take a very long time to be completed, normally lasting several days, and occasionally going on for weeks. So, people who are called to give depositions in Franklin Lakes, New Jersey should be ready for some considerable inconvenience.
Because of this fact, the law in Franklin Lakes, New Jersey 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 particular way ceases to be compensation, and becomes bribery, which is a crime.
If you are called to a deposition in Franklin Lakes, New Jersey, it's absolutely necessary 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 Franklin Lakes, New Jersey Lawyer Help?
If you are directly immersed in a lawsuit in Franklin Lakes, New Jersey, 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 you're not a party to a lawsuit in Franklin Lakes, New Jersey, but have knowledge about some of the facts that are at issue in a pending case, you might still be contacted to appear in a deposition. In that case, you likely don't need to hire a lawyer.