Litigation Lawyers in East Rochester
Civil depositions happen during civil litigation in East Rochester, New York. They are part of the discovery procedure.
Discovery, in East Rochester, New York is a very critical 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 obtain information relevant to a lawsuit in East Rochester, 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 East Rochester, New York
In East Rochester, 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 startling that civil depositions in East Rochester, New York can typically 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.
Thus, East Rochester, New York's civil procedure rules allow 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 occasionally 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 linked with testifying.
When giving a deposition in East Rochester, New York, be sure to answer all of the questions honestly, and to the absolute best of your knowledge. You will be sworn in before the deposition starts, and you will be under oath, just as if you were in open court. So, if you lie, you are committing perjury, which can land you in jail.
How Can A East Rochester, 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 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 likely don't need to hire an East Rochester, 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.