Litigation Lawyers in Delmar
Civil depositions occur during civil litigation in Delmar, New York. They are part of the discovery process.
Discovery, in Delmar, New York is a very crucial 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 acquire information relevant to a lawsuit in Delmar, 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 Delmar, New York
Depositions in Delmar, 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.
Civil Depositions in Delmar, New York, can take a very long time to be completed, normally lasting several days, and sometimes going on for weeks. So, people who are called to give depositions in Delmar, New York should be prepared for some considerable inconvenience.
Because of this fact, the law in Delmar, New York allows 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.
Remember, when you give a deposition in Delmar, 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 Delmar, New York Lawyer Help?
If you are directly immersed in a lawsuit in Delmar, 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 you are not directly immersed in the lawsuit, you might still have to appear at a deposition, if you have information that's relevant to the case in Delmar, New York. You probably don't need to hire a lawyer in that case, but it might be a good idea to at least get a consultation from one.