Litigation Lawyers in Niagara Falls
Civil depositions occur during civil litigation in Niagara Falls, New York. They are part of the discovery process.
The discovery process in Niagara Falls, New York is one of the most important parts of the civil litigation process. During the discovery phase, each side of the lawsuit is required to make all of the relevant information it has in its possession available to the other side.
In Niagara Falls, 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 Niagara Falls, New York
Depositions in Niagara Falls, New York serve a very important purpose: acquiring 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.
It should not be any surprise, then, that civil depositions in Niagara Falls, New York can go on for a very long time. If you are called to appear in a deposition in Niagara Falls, New York, this can be a huge headache.
Therefore, Niagara Falls, New York's civil procedure rules permit 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 sometimes 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 associated with testifying.
Remember, when you give a deposition in Niagara Falls, New York, you're under oath. This means that you are under an absolute obligation to tell the truth. If you deliberately lie while under oath, you are committing perjury. Perjury is a serious crime, and can be punished by fines and imprisonment.
How Can A Niagara Falls, New York Lawyer Help?
If you are the plaintiff or defendant in a lawsuit, you almost certainly already have a Niagara Falls, New York lawyer. If either party to the lawsuit calls you for a deposition, your lawyer will have plenty of advice for you. You should, of course, follow that advice to the letter.
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 Niagara Falls, 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.