Litigation Lawyers in Hamburg
Civil depositions happen during civil litigation in Hamburg, New York. They are part of the discovery procedure.
Discovery, in Hamburg, New York is a very critical 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 obtain information relevant to a lawsuit in Hamburg, 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 Hamburg, New York
Depositions in Hamburg, New York serve a very significant purpose: obtaining testimony on the record, and admitted as evidence, when there is some reason to suspect that the witness won't be able to appear in court during trial, because of health, possible incarceration, or any other reason.
So, it shouldn't be startling that civil depositions in Hamburg, New York can typically 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 deal with this fact, Hamburg, New York permits witnesses who are being deposed to be compensated for their time. They can be reimbursed for lodging, travel expenses, and given a small amount of money for their time. Remember, however, that this money is most definitely NOT conditioned on the witness giving testimony that's advantageous to one side, and omitting information that's unfavorable. This would be bribery, and it is highly illegal.
In Hamburg, 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 Hamburg, New York Lawyer Help?
If you are the plaintiff or defendant in a lawsuit, you almost definitely already have a Hamburg, 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 Hamburg, New York, but have knowledge about some of the facts that are at issue in a pending case, you might still be contacted to appear in a deposition. In that case, you likely don't need to hire a lawyer.