Litigation Lawyers in Amherst
Civil depositions happen during civil litigation in Amherst, New York. They are part of the discovery procedure.
Discovery, in Amherst, New York is a very essential step in the civil litigation process. It is when all of the relevant evidence is gathered by both sides, and, generally, each side must disclose that evidence to the other.
One way to get this information in Amherst, New York is to simply sit down with someone involved in the dispute, or with knowledge of some of the issues, and ask them questions. This can be done through a civil deposition, which is basically a Q&A session between a lawyer, and the person being deposed. A lawyer for the other side will also be present. The person being deposed is answering their questions under oath, just as if they were testifying in court. Because of this, it's important to get their statements on the record. For that purpose, a court reporter or videographer will be present.
Conducting A Civil Deposition in Amherst, New York
Depositions are normally conducted in Amherst, New York if a person's testimony will take several days, or more, to deliver. By doing this before a trial, the jury can be presented just with the testimony that turns out to be relevant, saving everyone a good deal of time. It is also useful if there is any reason to suspect that the witness will be unable to show up in court.
So, it shouldn't be astonishing that civil depositions in Amherst, New York can generally go on for several days. If you are subpoenaed for a deposition in , New York, you are normally obligated to appear. This can be a source of some inconvenience.
Because of this fact, the law in Amherst, New York permits 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 particular way ceases to be compensation, and becomes bribery, which is a crime.
In Amherst, New York depositions, everyone being deposed is under oath. This means that you are legally and morally obligated to answer every question truthfully. If you deliberately misrepresent your knowledge (lie), you are guilty of perjury. And if you're caught, you could end up facing jail time and/or some extremely steep fines.
How Can A Amherst, New York 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 an Amherst, New York 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 you are not a party to the lawsuit, but are subpoenaed to testify in a deposition, you should at least contact with an Amherst, New York attorney, who can advise you on how to proceed.