Litigation Lawyers in Brandon
Depositions are part of the discovery procedure in Brandon, South Dakota civil litigation.
In Brandon, 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 Brandon, 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 Brandon, South Dakota
If the parties believe that a witness in Brandon, 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 Brandon, South Dakota can go on for a very long time. If you are contacted to appear in a deposition in Brandon, South Dakota, this can be a major headache.
To help mitigate this inconvenience, Brandon, South Dakota allows witnesses who are appearing in depositions to be paid a set amount of money for their time, and reimbursed for travel expenses. However, if there is any evidence that this money is being used to influence a witness' testimony, there is going to be a significant problem: this would amount bribery, and it is a serious offense.
If you are called to a deposition in Brandon, South Dakota, it's absolutely essential 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 Brandon, South Dakota Lawyer Help?
If you are directly involved in a lawsuit in Brandon, South Dakota, and have to appear at a deposition, you should already be represented by a lawyer. It goes without saying that you should do whatever they advise you to do throughout the deposition.
If, on the other hand, you're not directly involved in the case, but have been subpoenaed to appear in a deposition as a witness in Brandon, South Dakota, 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.