Litigation Lawyers in Winston
Depositions are part of the discovery procedure in Winston, Oregon civil litigation.
In Winston, 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 receive information relevant to a lawsuit in Winston, 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 Winston, Oregon
In Winston, 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. Furthermore, 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 astonishing that civil depositions in Winston, Oregon can generally go on for several days. If you are subpoenaed for a deposition in , Oregon, you are normally obligated to appear. This can be a source of some inconvenience.
Thus, Winston, Oregon's civil procedure rules authorize 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.
When giving a deposition in Winston, Oregon, be sure to answer all of the questions honestly, and to the absolute best of your knowledge. You will be sworn in before the deposition starts, and you will be under oath, just as if you were in open court. Therefore, if you lie, you are committing perjury, which can land you in jail.
How Can A Winston, Oregon Lawyer Help?
If you are the defendant or plaintiff in a lawsuit, chances are good that you'll have to appear in a deposition. You should, by this time, already be represented by a Winston, Oregon civil litigation attorney. You should do whatever they tell you to do (unless, of course, they tell you to lie, in that case you should find a new lawyer).
If you are not a party to the lawsuit, but are subpoenaed to testify in a deposition, you should at least contact with a Winston, Oregon attorney, who can advise you on how to proceed.