Litigation Lawyers in Plainview
Civil depositions occur during civil litigation in Plainview, New York. They are part of the discovery process.
The discovery process in Plainview, 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 Plainview, 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 Plainview, New York
If the parties believe that a witness in Plainview, New York won't be able to show up in court to testify during trial, because of age, poor health, upcoming military deployment, potential incarceration, or any other reason, a deposition is a very good way to get their testimony on the record before the trial. Additionally, if they have to be questioned for several days, it is a good way to save the court's time.
It should not be any surprise, then, that civil depositions in Plainview, New York can go on for a very long time. If you are called to appear in a deposition in Plainview, New York, this can be a huge headache.
To mitigate this, the law of Plainview, New York typically entitles people being deposed to reimbursement. They can be compensated for travel expenses, lodging, and a can be given a small amount of money simply for their time. However, this is meant to be reimbursement for the time and expense incurred in attending a deposition, and it is most definitely not payment for the witness to give testimony that's advantageous to one side or the other.
In Plainview, 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 very steep fines.
How Can A Plainview, New York Lawyer Help?
If you are the plaintiff or defendant in a lawsuit, you almost certainly already have a Plainview, 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 are not a party to the case, but are subpoenaed to testify in a deposition, you should at least consult with a Plainview, New York attorney, who can advise you on how to proceed.