Litigation Lawyers in Elmira
Civil depositions happen during civil litigation in Elmira, New York. They are part of the discovery procedure.
Discovery, in Elmira, 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 Elmira, 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 Elmira, New York
In Elmira, 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 bad health, or any other reason.
So, it shouldn't be astonishing that civil depositions in Elmira, New York can generally 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.
To help mitigate this inconvenience, Elmira, New York authorizes witnesses who are appearing in depositions to be paid a set amount of money for their time, and reimbursed for travel expenses. However, if there is any evidence that this money is being used to influence a witness' testimony, there is going to be a significant problem: this would amount bribery, and it is a serious offense.
When giving a deposition in Elmira, 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. Therefore, if you lie, you are committing perjury, which can land you in jail.
How Can A Elmira, New York Lawyer Help?
If you are directly immersed in a lawsuit in Elmira, 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 throughout the deposition.
If you are not a party to the lawsuit, but are subpoenaed to testify in a deposition, you should at least contact with an Elmira, New York attorney, who can advise you on how to proceed.