Litigation Lawyers in Independence
Civil depositions happen during civil litigation in Independence, Ohio. They are part of the discovery procedure.
The discovery procedure in Independence, Ohio is one of the most significant parts of the civil litigation process. During the discovery phase, each side of the lawsuit is obligated to make all of the relevant information it has in its possession available to the other side.
One way to obtain this information in Independence, Ohio is to conduct a deposition. A deposition, at its core, is a fairly simple process. A deposition is a question and answer session conducted outside the courtroom. Typically, it takes place in the office space of an attorney representing one of the parties. There are a few people who are almost always present at the deposition: there's the person being deposed, the lawyer who is going to be asking the questions, a lawyer representing the other side of the lawsuit, who can object to any questions being asked (a judge can rule on the objections later), and a court reporter or video recorder, to ensure that the testimony ends up on the record.
Conducting A Civil Deposition in Independence, Ohio
Depositions in Independence, Ohio are meant to get verbal testimony on the record and into evidence, when there is concern that the individual being deposed might be unable to show up and testify at trial, or their testimony will take far too long for them to testify at trial.
Civil Depositions in Independence, Ohio can sometimes go on for days, and occasionally even weeks. If you are obligated to appear for a deposition in Independence, Ohio, it can prove to be a substantial inconvenience.
Because of this fact, the law in Independence, Ohio 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 specific way ceases to be compensation, and becomes bribery, which is a crime.
If you are called to a deposition in Independence, Ohio, it's absolutely imperative 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 Independence, Ohio Lawyer Help?
If you are directly engaged in a lawsuit in Independence, Ohio, 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, on the other hand, you're not directly engaged in the case, but have been subpoenaed to appear in a deposition as a witness in Independence, Ohio, 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.