Litigation Lawyers in Herkimer
Civil depositions occur during civil litigation in Herkimer, New York. They are part of the discovery process.
Discovery, in Herkimer, 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 Herkimer, 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 Herkimer, New York
Depositions in Herkimer, New York serve a very important purpose: acquiring 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, potential incarceration, or any other reason.
So, it shouldn't be shocking that civil depositions in Herkimer, New York can usually go on for several days. If you are subpoenaed for a deposition in , New York, you are normally obligated to appear. This can be a source of some inconvenience.
To help mitigate this inconvenience, Herkimer, New York authorizes 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.
If you are being deposed in Herkimer, 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 Herkimer, New York Lawyer Help?
If you are the plaintiff or defendant in a lawsuit, you almost certainly already have a Herkimer, 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 Herkimer, 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.