Litigation Lawyers in Summerville
Depositions are part of the discovery procedure in Summerville, South Carolina civil litigation.
In Summerville, South Carolina, "discovery" is a time-consuming process that happens before a case goes to trial. In the process, each side of the lawsuit is legally obligated to disclose all of the relevant information they have in their possession to the other side.
In Summerville, South Carolina, one way to get relevant evidence is to ask individuals involved in the dispute (both parties and witnesses) about their knowledge of the matter. This is done through a civil deposition. It is essentially a question and answer session between a lawyer, and a witness or party to the action. A lawyer for the other side is present, as well as a court reporter or videographer. The lawyer asks questions of the person being deposed, who must answer them under oath.
Conducting A Civil Deposition in Summerville, South Carolina
In Summerville, South Carolina, 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.
Civil Depositions in Summerville, South Carolina can sometimes go on for days, and occasionally even weeks. If you are obligated to appear for a deposition in Summerville, South Carolina, it can prove to be a considerable inconvenience.
Because of this fact, the law in Summerville, South Carolina 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 particular way ceases to be compensation, and becomes bribery, which is a crime.
If you are called to a deposition in Summerville, South Carolina, it's absolutely necessary 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 Summerville, South Carolina 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 Summerville, South Carolina 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, on the other hand, you're not directly immersed in the case, but have been subpoenaed to appear in a deposition as a witness in Summerville, South Carolina, 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.