Litigation Lawyers in Aberdeen

Depositions are part of the discovery procedure in Aberdeen, South Dakota civil litigation.

In Aberdeen, South Dakota, "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 Aberdeen, South Dakota, one way to obtain relevant evidence is to ask people 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 Aberdeen, South Dakota

If the parties believe that a witness in Aberdeen, South Dakota won't be able to show up in court to testify during trial, because of age, bad health, upcoming military deployment, possible incarceration, or any other reason, a deposition is a very good way to get their testimony on the record before the trial. Also, if they have to be questioned for several days, it is a good way to save the court's time.

It should not be any shock, then, that civil depositions in Aberdeen, South Dakota can go on for a very long time. If you are contacted to appear in a deposition in Aberdeen, South Dakota, this can be a major headache.

To mitigate this, the law of Aberdeen, South Dakota usually 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 provide testimony that's favorable to one side or the other.

In Aberdeen, South Dakota 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 extremely steep fines.

How Can A Aberdeen, South Dakota Lawyer Help?

If you are the plaintiff or defendant in a lawsuit, you almost definitely already have an Aberdeen, South Dakota 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're not a party to a lawsuit in Aberdeen, South Dakota, but have knowledge about some of the facts that are at issue in a pending case, you might still be contacted to appear in a deposition. In that case, you likely don't need to hire a lawyer.