Litigation Lawyers in Canandaigua

Civil depositions happen during civil litigation in Canandaigua, New York. They are part of the discovery procedure.

Discovery, in Canandaigua, 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 of the most effective ways to receive information relevant to a lawsuit in Canandaigua, New York is to conduct a deposition of a party who you believe to be privy to that information. A deposition is a Q&A session between an attorney representing one of the parties to a lawsuit, and someone who has knowledge relevant to the lawsuit. This can be one of the parties, or a witness. The individual being deposed is sworn in, and must answer all of the questions presented to them under oath. An attorney representing the other side can object to lines of questioning, on every grounds that would be valid during in-court testimony. The purpose of this is mainly to get the objection on the record, but if it proves to be a major sticking point, a judge can rule on the objections later. If any questions are found to be invalid, the questions, and their answers, will not be shown to the jury during trial. This is much more effective than simply instructing the jury to disregard a question and answer they've already heard.

Conducting A Civil Deposition in Canandaigua, New York

Depositions in Canandaigua, New York are meant to get verbal testimony on the record and into evidence, when there is concern that the individual being deposed might be unable to show up and testify at trial, or their testimony will take far too long for them to testify at trial.

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

Because of this fact, the law in Canandaigua, 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 Canandaigua, 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 Canandaigua, New York Lawyer Help?

If you are a party to a lawsuit, and are subpoenaed to a deposition, chances are you're already represented by a , New York attorney. Obviously, you should follow their advice with respect to the deposition.

If you're not a party to a lawsuit in Canandaigua, New York, but have knowledge about some of the facts that are at issue in a pending case, you might still be contacted to appear in a deposition. In that case, you likely don't need to hire a lawyer.