Litigation Lawyers in Brookings
Depositions are part of the discovery procedure in Brookings, South Dakota civil litigation.
In Brookings, 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 Brookings, South Dakota, 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 Brookings, South Dakota
If the parties believe that a witness in Brookings, 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. Furthermore, 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 Brookings, South Dakota can go on for a very long time. If you are contacted to appear in a deposition in Brookings, South Dakota, this can be a massive headache.
To help mitigate this inconvenience, Brookings, South Dakota authorizes 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 Brookings, South Dakota, 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 Brookings, South Dakota Lawyer Help?
If you're a party to a Brookings, South Dakota lawsuit and are obligated to appear at a deposition, one would hope that you've already retained a lawyer by this stage in the proceedings. Your attorney will have a lot of advice for you, which you should of course follow.
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 Brookings, 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.