Litigation Lawyers in New Rochelle
Civil depositions happen during civil litigation in New Rochelle, New York. They are part of the discovery procedure.
The discovery procedure in New Rochelle, 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 New Rochelle, New York, one way to get relevant evidence is to ask individuals 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 New Rochelle, New York
Depositions in New Rochelle, New York serve a very significant purpose: receiving 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.
It should not be any shock, then, that civil depositions in New Rochelle, New York can go on for a very long time. If you are contacted to appear in a deposition in New Rochelle, New York, this can be a massive headache.
Thus, New Rochelle, New York's civil procedure rules authorize a person to be compensated for the time and money they spend in appearing at a deposition. If the witness lives far away from the location of the deposition, as is occasionally the case in large trials, they can be reimbursed for travel and lodging expenses, and compensated for their time. However, this money cannot be used to influence HOW they testify, just to mitigate the inconvenience linked with testifying.
If you are called to a deposition in New Rochelle, New York, it's absolutely necessary 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 New Rochelle, 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 New Rochelle, 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 New Rochelle, 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.
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