Litigation Lawyers in East Aurora
Civil depositions occur during civil litigation in East Aurora, New York. They are part of the discovery process.
Discovery, in East Aurora, 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 East Aurora, 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 East Aurora, New York
In East Aurora, 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. Furthermore, 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 shocking that civil depositions in East Aurora, New York can usually go on for several days. If you are subpoenaed for a deposition in , New York, you are normally obligated to appear. This can be a source of some inconvenience.
Because of this fact, the law in East Aurora, 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.
In East Aurora, 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 East Aurora, New York Lawyer Help?
If you are a party to a lawsuit, and are called 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 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 an East Aurora, 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.