Litigation Lawyers in Garwood
Civil depositions happen during civil litigation in Garwood, New Jersey. They are part of the discovery procedure.
Discovery, in Garwood, New Jersey is a very essential 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 Garwood, 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 Garwood, New Jersey
In Garwood, 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 Garwood, 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 Garwood, New Jersey should be ready for some considerable inconvenience.
Because of this fact, the law in Garwood, 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 being deposed in Garwood, New Jersey 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 prosecuted with perjury, which can carry jail time.
How Can A Garwood, New Jersey Lawyer Help?
If you are the defendant or plaintiff in a lawsuit, chances are good that you'll have to appear in a deposition. You should, by this time, already be represented by a Garwood, New Jersey civil litigation attorney. You should do whatever they tell you to do (unless, of course, they tell you to lie, in that case you should find a new lawyer).
If you are not a party to the lawsuit, but are subpoenaed to testify in a deposition, you should at least contact with a Garwood, New Jersey attorney, who can advise you on how to proceed.