Litigation Lawyers in Clifton Park
Civil depositions occur during civil litigation in Clifton Park, New York. They are part of the discovery process.
Discovery, in Clifton Park, New York is a very important 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 get information relevant to a lawsuit in Clifton Park, 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 person 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 primarily 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 Clifton Park, New York
Depositions in Clifton Park, New York are meant to get verbal testimony on the record and into evidence, when there is concern that the person 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.
Clifton Park, New York civil depositions can go on for a long time - occasionally going for a week or more. If you get subpoenaed to give your testimony in a Clifton Park, New York civil deposition, this could prove to be incredibly inconvenient.
To help deal with this fact, Clifton Park, New York 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 favorable to one side, and omitting information that's unfavorable. This would be bribery, and it is highly illegal.
In Clifton Park, 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 very steep fines.
How Can A Clifton Park, 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 point, already be represented by a Clifton Park, New York civil litigation attorney. You should do whatever they tell you to do (unless, of course, they tell you to lie, in which case you should find a new lawyer).
If you're not a party to the case, but have relevant information, you might be subpoenaed to appear in a deposition. In this case, you probably don't need to hire a Clifton Park, New York litigation attorney, but it would not be a bad idea to seek out a brief consultation with one, to get an idea of what to expect.