Litigation Lawyers in Elkins

Civil depositions happen during Elkins, West Virginia civil litigation, as part of the discovery procedure.

"Discovery" is a procedure that happens before a trial in Elkins, West Virginia. During the discovery process, both sides are obligated to make relevant information available to each other.

In Elkins, West Virginia, one way to receive 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 Elkins, West Virginia

If the parties believe that a witness in Elkins, West Virginia won't be able to show up in court to testify during trial, because of age, bad health, upcoming military deployment, possible 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.

It should not be any shock, then, that civil depositions in Elkins, West Virginia can go on for a very long time. If you are contacted to appear in a deposition in Elkins, West Virginia, this can be a massive headache.

To mitigate this, the law of Elkins, West Virginia normally entitles people being deposed to reimbursement. They can be compensated for travel expenses, lodging, and a can be given a small amount of money simply for their time. However, this is meant to be reimbursement for the time and expense incurred in attending a deposition, and it is most definitely not payment for the witness to provide testimony that's beneficial to one side or the other.

Remember, when you give a deposition in Elkins, West Virginia, you're under oath. This means that you are under an absolute requirement 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 Elkins, West Virginia Lawyer Help?

If you are the plaintiff or defendant in a lawsuit, you almost definitely already have an Elkins, 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 lawsuit, but are subpoenaed to testify in a deposition, you should at least contact with an Elkins, West Virginia attorney, who can advise you on how to proceed.