Litigation Lawyers in Carlsbad
Civil depositions happen during civil litigation in Carlsbad, New Mexico. They are part of the discovery procedure.
Discovery, in Carlsbad, New Mexico 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 Carlsbad, New Mexico, 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 Carlsbad, New Mexico
Depositions are normally conducted in Carlsbad, New Mexico if a person's testimony will take several days, or more, to deliver. By doing this before a trial, the jury can be presented just with the testimony that turns out to be relevant, saving everyone a good deal of time. It is also useful if there is any reason to suspect that the witness will be unable to show up in court.
Civil Depositions in Carlsbad, New Mexico, 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 Carlsbad, New Mexico should be ready for some considerable inconvenience.
Because of this fact, the law in Carlsbad, New Mexico 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 Carlsbad, New Mexico 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 Carlsbad, New Mexico Lawyer Help?
If you're a party to a Carlsbad, New Mexico lawsuit and are obligated to appear at a deposition, one would hope that you've already retained a lawyer by this stage in the proceedings. Your attorney will have a lot of advice for you, which you should of course follow.
If you are not a party to the lawsuit, but are subpoenaed to testify in a deposition, you should at least contact with a Carlsbad, New Mexico attorney, who can advise you on how to proceed.