Litigation Lawyers in Johnstown
Civil depositions happen during civil litigation in Johnstown, New York. They are part of the discovery procedure.
Discovery, in Johnstown, 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 Johnstown, 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 Johnstown, New York
Depositions in Johnstown, 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.
Civil Depositions in Johnstown, New York, can take a very long time to be completed, typically lasting several days, and occasionally going on for weeks. So, people who are called to give depositions in Johnstown, New York should be ready for some substantial inconvenience.
To mitigate this, the law of Johnstown, 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 provide testimony that's advantageous to one side or the other.
When giving a deposition in Johnstown, New York, be sure to answer all of the questions honestly, and to the absolute best of your knowledge. You will be sworn in before the deposition starts, and you will be under oath, just as if you were in open court. Thus, if you lie, you are committing perjury, which can land you in jail.
How Can A Johnstown, 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 time, already be represented by a Johnstown, New York civil litigation attorney. You should do whatever they tell you to do (unless, of course, they tell you to lie, in that case you should find a new lawyer).
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 Johnstown, 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.