Litigation Lawyers in Malverne

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

The discovery procedure in Malverne, New York is one of the most significant parts of the civil litigation process. During the discovery phase, each side of the lawsuit is obligated to make all of the relevant information it has in its possession available to the other side.

In Malverne, New York, one way to acquire relevant evidence is to ask persons involved in the dispute (both parties and witnesses) about their knowledge of the matter. This is done through a civil deposition. It is essentially a question and answer session between a lawyer, and a witness or party to the action. A lawyer for the other side is present, as well as a court reporter or videographer. The lawyer asks questions of the person being deposed, who must answer them under oath.

Conducting A Civil Deposition in Malverne, New York

In Malverne, 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.

Civil Depositions in Malverne, 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 Malverne, New York should be ready for some substantial inconvenience.

Because of this fact, the law in Malverne, New York permits witnesses who are appearing for depositions to be compensated for the expense associated with it. This includes reimbursement for gas, lodging, and food. They can also be paid a certain amount of money for every hour they testify, to compensate them for their time. However, this money can only be conditioned on the witness showing up and giving truthful testimony. Trying to condition it on the witness testifying in a specific way ceases to be compensation, and becomes bribery, which is a crime.

If you are called to a deposition in Malverne, New York, it's absolutely imperative 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 Malverne, New York Lawyer Help?

If you are directly engaged in a lawsuit in Malverne, New York, and have to appear at a deposition, you should already be represented by a lawyer. It goes without saying that you should do whatever they advise you to do throughout the deposition.

If, on the other hand, you're not directly engaged in the case, but have been subpoenaed to appear in a deposition as a witness in Malverne, New York, you may not need to hire a lawyer. The lawyers for both sides will probably prep you for the deposition, giving you an idea of what to expect.