Litigation Lawyers in Gainesville
Depositions are part of the discovery procedure in Gainesville, Texas civil litigation.
The discovery procedure in Gainesville, Texas is one of the most significant parts of the civil litigation process. During the discovery phase, each side of the lawsuit is obligated to make all of the relevant information it has in its possession available to the other side.
In Gainesville, Texas, 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 Gainesville, Texas
In Gainesville, Texas, the main reason to conduct a deposition, as opposed to having someone testify in court, is to save time. After days of depositions, the jury can be presented with just the relevant testimony, if the case goes to trial. Also, it's a good idea to conduct a deposition if there's any reason to believe that the witness will not be able to show up to court to testify, due to bad health, or any other reason.
Gainesville, Texas 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 Gainesville, Texas civil deposition, this could prove to be incredibly inconvenient.
Thus, Gainesville, Texas's civil procedure rules allow a person to be compensated for the time and money they spend in appearing at a deposition. If the witness lives far away from the location of the deposition, as is occasionally the case in large trials, they can be reimbursed for travel and lodging expenses, and compensated for their time. However, this money cannot be used to influence HOW they testify, just to mitigate the inconvenience linked with testifying.
If you are being deposed in Gainesville, Texas you absolutely must answer all the questions truthfully and completely, to the best of your knowledge. You are under oath, and if you lie, and are caught, you could be prosecuted with perjury, which can carry jail time.
How Can A Gainesville, Texas 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 Gainesville, Texas 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, 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 Gainesville, Texas, 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.