Litigation Lawyers in Spearfish
Depositions are part of the discovery process in Spearfish, South Dakota civil litigation.
In Spearfish, South Dakota, "discovery" is a time-consuming procedure that occurs before a case goes to trial. In the process, each side of the lawsuit is legally required to disclose all of the relevant information they have in their possession to the other side.
In Spearfish, South Dakota, one way to acquire relevant evidence is to ask persons 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 Spearfish, South Dakota
Depositions are typically conducted in Spearfish, 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 everybody 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.
Spearfish, South Dakota civil depositions can go on for a long time - occasionally going for a week or more. If you get subpoenaed to give your testimony in a Spearfish, South Dakota civil deposition, this could prove to be incredibly inconvenient.
To help deal with this fact, Spearfish, South Dakota allows 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 advantageous to one side, and omitting information that's unfavorable. This would be bribery, and it is highly illegal.
Remember, when you give a deposition in Spearfish, South Dakota, you're under oath. This means that you are under an absolute obligation to tell the truth. If you deliberately lie while under oath, you are committing perjury. Perjury is a serious crime, and can be punished by fines and imprisonment.
How Can A Spearfish, South Dakota Lawyer Help?
If you are a party to a lawsuit, and are called to a deposition, chances are you're already represented by a , South Dakota attorney. Obviously, you should follow their advice with respect to the deposition.
If, on the other hand, you're not directly engaged in the case, but have been subpoenaed to appear in a deposition as a witness in Spearfish, 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.