Litigation Lawyers in Belle Fourche

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

In Belle Fourche, 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 Belle Fourche, 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 Belle Fourche, South Dakota

If the parties believe that a witness in Belle Fourche, 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 Belle Fourche, South Dakota can go on for a very long time. If you are contacted to appear in a deposition in Belle Fourche, South Dakota, this can be a major headache.

Because of this fact, the law in Belle Fourche, South Dakota 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.

In Belle Fourche, 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 Belle Fourche, South Dakota 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 Belle Fourche, South Dakota 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'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 Belle Fourche, South Dakota 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.