Litigation Lawyers in Dunkirk
Civil depositions happen during civil litigation in Dunkirk, New York. They are part of the discovery procedure.
Discovery, in Dunkirk, 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 Dunkirk, 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 Dunkirk, New York
In Dunkirk, New York, the main reason to conduct a deposition, as opposed to having someone testify in court, is to save time. After days of depositions, the jury can be presented with just the relevant testimony, if the case goes to trial. Also, it's a good idea to conduct a deposition if there's any reason to believe that the witness will not be able to show up to court to testify, due to bad health, or any other reason.
So, it shouldn't be astonishing that civil depositions in Dunkirk, New York can generally go on for several days. If you are subpoenaed for a deposition in , New York, you are usually obligated to appear. This can be a source of some inconvenience.
Because of this fact, the law in Dunkirk, 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 certain way ceases to be compensation, and becomes bribery, which is a crime.
If you are being deposed in Dunkirk, New York you absolutely must answer all the questions truthfully and completely, to the best of your knowledge. You are under oath, and if you lie, and are caught, you could be prosecuted with perjury, which can carry jail time.
How Can A Dunkirk, 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, on the other hand, you're not directly involved in the case, but have been subpoenaed to appear in a deposition as a witness in Dunkirk, 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.