Litigation Lawyers in Monticello
Civil depositions happen during civil litigation in Monticello, New York. They are part of the discovery procedure.
The discovery procedure in Monticello, 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 Monticello, 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 Monticello, New York
In Monticello, 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 Monticello, New York can sometimes go on for days, and occasionally even weeks. If you are obligated to appear for a deposition in Monticello, New York, it can prove to be a substantial inconvenience.
Because of this fact, the law in Monticello, 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.
In Monticello, 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 Monticello, 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 Monticello, 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, 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 Monticello, 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.