Litigation Lawyers in West Linn
Depositions are part of the discovery procedure in West Linn, Oregon civil litigation.
In West Linn, Oregon, "discovery" is a procedure that happens before a civil trial, during which both sides are obligated to disclose relevant evidence to the other.
One of the most effective ways to obtain information relevant to a lawsuit in West Linn, Oregon is to conduct a deposition of a party who you believe to be privy to that information. A deposition is a Q&A session between an attorney representing one of the parties to a lawsuit, and someone who has knowledge relevant to the lawsuit. This can be one of the parties, or a witness. The individual being deposed is sworn in, and must answer all of the questions presented to them under oath. An attorney representing the other side can object to lines of questioning, on every grounds that would be valid during in-court testimony. The purpose of this is mainly to get the objection on the record, but if it proves to be a major sticking point, a judge can rule on the objections later. If any questions are found to be invalid, the questions, and their answers, will not be shown to the jury during trial. This is much more effective than simply instructing the jury to disregard a question and answer they've already heard.
Conducting A Civil Deposition in West Linn, Oregon
In West Linn, Oregon, 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. Also, 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.
So, it shouldn't be startling that civil depositions in West Linn, Oregon can typically go on for several days. If you are subpoenaed for a deposition in , Oregon, you are usually obligated to appear. This can be a source of some inconvenience.
Because of this fact, the law in West Linn, Oregon 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 certain way ceases to be compensation, and becomes bribery, which is a crime.
Remember, when you give a deposition in West Linn, Oregon, you're under oath. This means that you are under an absolute requirement to tell the truth. If you deliberately lie while under oath, you are committing perjury. Perjury is a serious crime, and can be punished by fines and imprisonment.
How Can A West Linn, Oregon Lawyer Help?
If you're a party to a West Linn, Oregon 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're not a party to the case, but have relevant information, you might be subpoenaed to appear in a deposition. In this case, you likely don't need to hire a West Linn, Oregon litigation attorney, but it would not be a bad idea to seek out a brief consultation with one, to get an idea of what to expect.