Litigation Lawyers in Fort Drum
Civil depositions occur during civil litigation in Fort Drum, New York. They are part of the discovery process.
Discovery, in Fort Drum, 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 Fort Drum, 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 Fort Drum, New York
In Fort Drum, 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 poor health, or any other reason.
Fort Drum, 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 Fort Drum, New York civil deposition, this could prove to be incredibly inconvenient.
Therefore, Fort Drum, 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 sometimes 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 associated with testifying.
If you are being deposed in Fort Drum, 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 Fort Drum, New York Lawyer Help?
If you are the defendant or plaintiff in a lawsuit, chances are good that you'll have to appear in a deposition. You should, by this point, already be represented by a Fort Drum, New York civil litigation attorney. You should do whatever they tell you to do (unless, of course, they tell you to lie, in which case you should find a new lawyer).
If you are not a party to the case, but are subpoenaed to testify in a deposition, you should at least consult with a Fort Drum, New York attorney, who can advise you on how to proceed.