Litigation Lawyers in El Paso County
Depositions are part of the discovery process in El Paso County, Texas civil litigation.
In El Paso County, Texas, "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.
One of the most effective ways to get information relevant to a lawsuit in El Paso County, Texas is to conduct a deposition of a party who you believe to be privy to that information. A deposition is a Q&A session between an attorney representing one of the parties to a lawsuit, and someone who has knowledge relevant to the lawsuit. This can be one of the parties, or a witness. The person being deposed is sworn in, and must answer all of the questions presented to them under oath. An attorney representing the other side can object to lines of questioning, on every grounds that would be valid during in-court testimony. The purpose of this is primarily to get the objection on the record, but if it proves to be a major sticking point, a judge can rule on the objections later. If any questions are found to be invalid, the questions, and their answers, will not be shown to the jury during trial. This is much more effective than simply instructing the jury to disregard a question and answer they've already heard.
Conducting A Civil Deposition in El Paso County, Texas
If the parties believe that a witness in El Paso County, Texas won't be able to show up in court to testify during trial, because of age, poor health, upcoming military deployment, potential incarceration, or any other reason, a deposition is a very good way to get their testimony on the record before the trial. Additionally, 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 surprise, then, that civil depositions in El Paso County, Texas can go on for a very long time. If you are called to appear in a deposition in El Paso County, Texas, this can be a huge headache.
Because of this fact, the law in El Paso County, Texas allows 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 specific way ceases to be compensation, and becomes bribery, which is a crime.
Remember, when you give a deposition in El Paso County, Texas, 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 El Paso County, Texas Lawyer Help?
If you are a party to a lawsuit, and are called to a deposition, chances are you're already represented by a , Texas attorney. Obviously, you should follow their advice with respect to the deposition.
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 probably don't need to hire an El Paso County, Texas 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.