A deposition is vital in court proceedings to help gather information from witnesses in a legal interview. The evidence that is gathered will be used by attorneys in the courtroom to help prove their client’s case. Legal counsel can request that a person attend a deposition, however if they do not come willingly the attorney can request the court to order the individual to show up. All litigation will not happen inside the state where the case is being held, often will require legal counsel to ask for a foreign deposition subpoena. These subpoenas can be used to request a witness from another state to cooperate with an attorney in which the case is presiding.
A Deposition Can Determine a Case
Both attorneys’ defendant and the plaintiff will take the information they gather from a witness to determine how effective it will be in helping their case. This helps the attorney know beforehand what the witness will say and legal counsel can plan their questioning around this information. A witness may provide key information that can lead to evidence that has not been discovered before. Such as the witness may be able to provide an alibi for the defendant and gives the defense team to prove the information that the witness has provided. The person being interviewed will be sworn under oath to tell the truth. If an attorney discovers that they have lied they can ask the court to charge the person with perjury.
How to Obtain a Deposition Subpoena
When you require a subpoena the prosecutor, defense, or plaintiff go before the judge presiding over the case and explain to them why they require the subpoena. You can be required to explain why the deposition is so vital to your case and the judge will decide if the subpoena is necessary or not. If the judge decides to issue the subpoena they will have it served to the witness to appear at a time and location to give their deposition. The person being interviewed can either then comply with the order or be found in contempt of court.
Legal Counsel Can Help You with a Foreign Deposition
Whether you have been served with a subpoena or need to serve one in another state, you want to hire a reputable attorney to help you complete the process. Legal counsel will either go before the court to represent you in requesting the deposition or attend the interview with you to provide you with legal representation and advice. You should find an attorney in your area that has the experience of working with cases such as the one you are involved in.
Do you require assistance with a foreign deposition subpoena? Contact the Law Office of Hayes & Welsh to learn how they can assist you with legal litigation.
