Litigation Lawyers in Sioux Falls
Depositions are part of the discovery procedure in Sioux Falls, South Dakota civil litigation.
In Sioux Falls, 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 Sioux Falls, 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 Sioux Falls, South Dakota
Depositions are normally conducted in Sioux Falls, South Dakota if a person's testimony will take several days, or more, to deliver. By doing this before a trial, the jury can be presented just with the testimony that turns out to be relevant, saving everyone a good deal of time. It is also useful if there is any reason to suspect that the witness will be unable to show up in court.
Sioux Falls, South Dakota civil depositions can go on for a long time - sometimes going for a week or more. If you get subpoenaed to provide your testimony in a Sioux Falls, South Dakota civil deposition, this could prove to be incredibly inconvenient.
To help deal with this fact, Sioux Falls, South Dakota permits witnesses who are being deposed to be compensated for their time. They can be reimbursed for lodging, travel expenses, and given a small amount of money for their time. Remember, however, that this money is most definitely NOT conditioned on the witness giving testimony that's beneficial to one side, and omitting information that's unfavorable. This would be bribery, and it is highly illegal.
In Sioux Falls, 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 Sioux Falls, 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 Sioux Falls, 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 are not a party to the lawsuit, but are subpoenaed to testify in a deposition, you should at least contact with a Sioux Falls, South Dakota attorney, who can advise you on how to proceed.