Litigation Lawyers in Santa Fe
Civil depositions happen during civil litigation in Santa Fe, New Mexico. They are part of the discovery procedure.
Discovery, in Santa Fe, 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.
One way to obtain this information in Santa Fe, New Mexico is to simply sit down with someone involved in the dispute, or with knowledge of some of the issues, and ask them questions. This can be done through a civil deposition, which is basically a Q&A session between a lawyer, and the person being deposed. A lawyer for the other side will also be present. The person being deposed is answering their questions under oath, just as if they were testifying in court. Because of this, it's important to get their statements on the record. For that purpose, a court reporter or videographer will be present.
Conducting A Civil Deposition in Santa Fe, New Mexico
Depositions in Santa Fe, New Mexico serve a very significant purpose: receiving testimony on the record, and admitted as evidence, when there is some reason to suspect that the witness won't be able to appear in court during trial, because of health, possible incarceration, or any other reason.
So, it shouldn't be astonishing that civil depositions in Santa Fe, New Mexico can generally go on for several days. If you are subpoenaed for a deposition in , New Mexico, you are usually obligated to appear. This can be a source of some inconvenience.
Thus, Santa Fe, New Mexico's civil procedure rules allow a person to be compensated for the time and money they spend in appearing at a deposition. If the witness lives far away from the location of the deposition, as is occasionally the case in large trials, they can be reimbursed for travel and lodging expenses, and compensated for their time. However, this money cannot be used to influence HOW they testify, just to mitigate the inconvenience linked with testifying.
If you are being deposed in Santa Fe, 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 Santa Fe, New Mexico Lawyer Help?
If you are the plaintiff or defendant in a lawsuit, you almost definitely already have a Santa Fe, New Mexico lawyer. If either party to the lawsuit calls you for a deposition, your lawyer will have plenty of advice for you. You should, of course, follow that advice to the letter.
If you're not a party to a lawsuit in Santa Fe, New Mexico, 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.