Litigation Lawyers in Fairport
Civil depositions occur during civil litigation in Fairport, New York. They are part of the discovery process.
Discovery, in Fairport, 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 Fairport, 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 Fairport, New York
In Fairport, 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.
Fairport, New York civil depositions can go on for a long time - occasionally going for a week or more. If you get subpoenaed to give your testimony in a Fairport, New York civil deposition, this could prove to be incredibly inconvenient.
To mitigate this, the law of Fairport, New York typically entitles people being deposed to reimbursement. They can be compensated for travel expenses, lodging, and a can be given a small amount of money simply for their time. However, this is meant to be reimbursement for the time and expense incurred in attending a deposition, and it is most definitely not payment for the witness to give testimony that's advantageous to one side or the other.
If you are being deposed in Fairport, 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 Fairport, New York Lawyer Help?
If you are the plaintiff or defendant in a lawsuit, you almost certainly already have a Fairport, New York lawyer. If either party to the lawsuit calls you for a deposition, your lawyer will have plenty of advice for you. You should, of course, follow that advice to the letter.
If you're not a party to a lawsuit in Fairport, New York, but have knowledge about some of the facts that are at issue in a pending case, you might still be called to appear in a deposition. In that case, you probably don't need to hire a lawyer.