Litigation Lawyers in Dutchess County
Civil depositions occur during civil litigation in Dutchess County, New York. They are part of the discovery process.
Discovery, in Dutchess County, 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 Dutchess County, 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 Dutchess County, New York
In Dutchess County, 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. Additionally, 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 poor health, or any other reason.
So, it shouldn't be surprising that civil depositions in Dutchess County, New York can often go on for several days. If you are subpoenaed for a deposition in , New York, you are typically obligated to appear. This can be a source of some inconvenience.
Because of this fact, the law in Dutchess County, 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 specific way ceases to be compensation, and becomes bribery, which is a crime.
If you are being deposed in Dutchess County, 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 charged with perjury, which can carry jail time.
How Can A Dutchess County, New York Lawyer Help?
If you're a party to a Dutchess County, New York lawsuit and are required to appear at a deposition, one would hope that you've already retained a lawyer by this stage in the proceedings. Your attorney will have a lot of advice for you, which you should of course follow.
If you are not a party to the case, but are subpoenaed to testify in a deposition, you should at least consult with a Dutchess County, New York attorney, who can advise you on how to proceed.