Litigation Lawyers in Fulton

Civil depositions happen during civil litigation in Fulton, New York. They are part of the discovery procedure.

Discovery, in Fulton, 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 Fulton, 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 Fulton, New York

In Fulton, 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 bad health, or any other reason.

Fulton, New York civil depositions can go on for a long time - sometimes going for a week or more. If you get subpoenaed to provide your testimony in a Fulton, New York civil deposition, this could prove to be incredibly inconvenient.

To help mitigate this inconvenience, Fulton, 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 significant problem: this would amount bribery, and it is a serious offense.

In Fulton, 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 extremely steep fines.

How Can A Fulton, 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 a Fulton, 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.