Litigation Lawyers in Commack
Civil depositions occur during civil litigation in Commack, New York. They are part of the discovery process.
Discovery, in Commack, 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 Commack, 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 Commack, New York
Depositions in Commack, 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.
Commack, 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 Commack, New York civil deposition, this could prove to be incredibly inconvenient.
Therefore, Commack, New York's civil procedure rules permit a person to be compensated for the time and money they spend in appearing at a deposition. If the witness lives far away from the location of the deposition, as is sometimes the case in large trials, they can be reimbursed for travel and lodging expenses, and compensated for their time. However, this money cannot be used to influence HOW they testify, just to mitigate the inconvenience associated with testifying.
Remember, when you give a deposition in Commack, New York, you're under oath. This means that you are under an absolute obligation 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 Commack, New York Lawyer Help?
If you are directly engaged in a lawsuit in Commack, New York, and have to appear at a deposition, you should already be represented by a lawyer. It goes without saying that you should do whatever they advise you to do during the deposition.
If, on the other hand, you're not directly engaged in the case, but have been subpoenaed to appear in a deposition as a witness in Commack, New York, you may not need to hire a lawyer. The lawyers for both sides will probably prep you for the deposition, giving you an idea of what to expect.