Litigation Lawyers in Montgomery
Civil depositions occur during civil litigation in Montgomery, Ohio. They are part of the discovery process.
The discovery process in Montgomery, Ohio is one of the most important parts of the civil litigation process. During the discovery phase, each side of the lawsuit is required to make all of the relevant information it has in its possession available to the other side.
One way to get this information in Montgomery, 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 Montgomery, Ohio
In Montgomery, Ohio, 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. Additionally, 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 poor health, or any other reason.
Civil Depositions in Montgomery, Ohio can sometimes go on for days, and occasionally even weeks. If you are required to appear for a deposition in Montgomery, Ohio, it can prove to be a substantial inconvenience.
To mitigate this, the law of Montgomery, Ohio typically entitles people being deposed to reimbursement. They can be compensated for travel expenses, lodging, and a can be given a small amount of money simply for their time. However, this is meant to be reimbursement for the time and expense incurred in attending a deposition, and it is most definitely not payment for the witness to give testimony that's advantageous to one side or the other.
In Montgomery, Ohio depositions, everyone being deposed is under oath. This means that you are legally and morally obligated to answer every question truthfully. If you deliberately misrepresent your knowledge (lie), you are guilty of perjury. And if you're caught, you could end up facing jail time and/or some very steep fines.
How Can A Montgomery, Ohio Lawyer Help?
If you are the plaintiff or defendant in a lawsuit, you almost certainly already have a Montgomery, Ohio 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 are not a party to the case, but are subpoenaed to testify in a deposition, you should at least consult with a Montgomery, Ohio attorney, who can advise you on how to proceed.