Litigation Lawyers in Kenmore

Civil depositions occur during civil litigation in Kenmore, New York. They are part of the discovery process.

Discovery, in Kenmore, New York is a very important 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 get information relevant to a lawsuit in Kenmore, 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 Kenmore, New York

Depositions in Kenmore, New York serve a very important purpose: getting 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.

Civil Depositions in Kenmore, New York, can take a very long time to be completed, usually lasting several days, and sometimes going on for weeks. So, people who are called to give depositions in Kenmore, New York should be prepared for some significant inconvenience.

To help deal with this fact, Kenmore, New York allows 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 favorable to one side, and omitting information that's unfavorable. This would be bribery, and it is highly illegal.

If you are called to a deposition in Kenmore, New York, it's absolutely essential that you answer all the questions truthfully, to the best of your knowledge. When testifying in a deposition, you are under oath, just as you would be in open court. Deliberately lying in a deposition is perjury, which is a serious crime.

How Can A Kenmore, 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 Kenmore, 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're not a party to the case, but have relevant information, you might be subpoenaed to appear in a deposition. In this case, you probably don't need to hire a Kenmore, 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.