Litigation Lawyers in Charleston
Civil depositions occur during Charleston, West Virginia civil litigation, as part of the discovery process.
"Discovery" is a process that occurs before a trial in Charleston, West Virginia. During the discovery process, both sides are required to make relevant information available to each other.
In Charleston, West Virginia, one way to acquire this information is to find the people involved in the dispute (whether they're witnesses or parties), and ask them questions about the issues you believe them to have knowledge of. A civil deposition is normally a pretty simple process: the person being deposed is sworn in (they are under oath, just as if they were in a courtroom). Because the whole point of a deposition is to get testimony on the record, a stenographer or video technician will also be present, recording the whole deposition. The lawyer then asks questions of the witness, and the lawyers for the other side are able to object to particular lines of questioning, if they wish.
Conducting A Civil Deposition in Charleston, West Virginia
If the parties believe that a witness in Charleston, West Virginia 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. Furthermore, if they have to be questioned for several days, it is a good way to save the court's time.
So, it shouldn't be shocking that civil depositions in Charleston, West Virginia can usually go on for several days. If you are subpoenaed for a deposition in , West Virginia, you are normally obligated to appear. This can be a source of some inconvenience.
To help deal with this fact, Charleston, West Virginia 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 beneficial 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 Charleston, West Virginia, 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 Charleston, West Virginia Lawyer Help?
If you are the plaintiff or defendant in a lawsuit, you almost certainly already have a Charleston, West Virginia lawyer. If either party to the lawsuit calls you for a deposition, your lawyer will have plenty of advice for you. You should, of course, follow that advice to the letter.
If you are not a party to the case, but are subpoenaed to testify in a deposition, you should at least consult with a Charleston, West Virginia attorney, who can advise you on how to proceed.