Litigation Lawyers in Erie County

Civil depositions occur during civil litigation in Erie County, New York. They are part of the discovery process.

Discovery, in Erie 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 Erie 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 Erie County, New York

In Erie 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 Erie 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.

To help mitigate this inconvenience, Erie County, New York permits 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 serious problem: this would amount bribery, and it is a serious offense.

In Erie County, 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 Erie County, 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 Erie County, 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.